The Karnataka High Court has quashed a POCSO case filed by a woman against her brothers, holding that the complaint appeared to stem from a family property dispute rather than a genuine case of sexual assault.
The complainant alleged that after their mother’s death, disagreements arose over property division. On May 18, 2024, she claimed her brothers followed her and her sibling during a walk, tried to kill them, pushed her down, and attempted to rape her. She further alleged that her hair was pulled and her clothes were torn.
Her brothers, however, argued that the complaint was a counterblast to multiple civil and criminal cases already pending between the siblings. They contended that the complaint was filed only to exert pressure and settle personal scores.
Opposing their plea, the complainant insisted that the case was still under investigation and that the High Court should not interfere at this stage.
After reviewing the complaint, Justice M Nagaprasanna noted that except for allegations of pulling hair and tearing clothes, there was no statement from the complainant about any inappropriate touching or sexual assault by the accused. The Court emphasized that sometimes criminal cases are filed to settle personal grudges, and in such situations, it is the Court’s duty to prevent misuse of law.
Accordingly, the bench quashed the prosecution against the brothers under Sections 8 and 12 of the POCSO Act (punishment for sexual assault and sexual harassment) and under Sections 354, 506, and 34 of the IPC (outraging modesty, criminal intimidation, and common intention).
The Court made it clear that criminal law cannot be used as a weapon in family disputes, especially when the allegations lack the basic elements required to establish sexual offences.
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