94+ Lawyers are online 
POCSO 11 12 / Misunderstood Gesture
29-Jun-2025 (In Criminal Law)
A child's Parents have misunderstood gesture and filed a complaint for kissing their child on the cheek (that's the complaint they've mentioned in the FIR) shall we file a quashing application in High Court or any advice will be very much appreciated please
Yes, in such a case where the FIR is based solely on a misunderstood, non-sexual gesture like kissing a child on the cheek, and there is no sexual intent, you may file a quashing petition under Section 482 CrPC before the High Court. Courts have repeatedly held that intention is crucial in such matters. If the act was innocent and affectionate, and not obscene or inappropriate, the High Court may consider quashing the FIR to prevent abuse of process and mental harassment.
Helpful?
Adv. Mahrukh Khan
Mumbai | 200+ Answers
Chat
Yes, in a case where the only allegation in the FIR is that someone kissed a child on the cheek, and there's no sexual intent or inappropriate behavior, you may file a quashing petition under Section 482 CrPC before the High Court. Courts have held that every physical touch or affectionate gesture is not sexual assault under POCSO, unless there is intent to sexually gratify or arouse sexual intent.
Helpful?
Adv. Kohale Pradumn Pandiitrao
Pune | 25+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Criminal lawyers for your specific legal issue
No Comments! Be the first one to comment.
- Brutal Ragging In 11 12 By Other 17-18 Year Old Males
- Need Dehli sanket court lawyer for reply to summon of loan recovery
- Need Dehli sanket court lawyer for reply to summon of loan recovery
- Branch Manager Complaint: Police ne 19 Feb ko bayan ke liye bulaya
- Branch Manager Complaint: Police ne 19 Feb ko bayan ke liye bulaya
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
