PRITHVI vs STATE OF KARNATAKA
- Court
- Karnataka High Court
1
Reserved on : 01.09.2026
Pronounced on : 04.11.2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 04 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.10415 OF 2026
BETWEEN:
1 . PRITHVI
S/O KIRAN S.P.,
AGED ABOUT 35 YEARS,
RESIDING AT A-301,
JAGADHABI MITHILA APARTMENT
RD ND
3 FLOOR, 2 BLOCK
JAYANAGAR, KAMAKSHIPALYA
BENGALURU SOUTH
BENGALURU - 560 011.
2 . KIRAN S.P.,
AGED ABOUT 55 YEARS,
S/O S.PADMANABHA,
RESIDING AT NO.10/2,
RAM IYENGAR ROAD
V.V.PURAM, OPPOSITE NMH HOTEL
BENGALURU SOUTH, BENGALURU
KARNATAKA - 560 004.
3 . GAYATHRI SUNKU KIRAN,
AGED ABOUT 54 YEARS,
W/O KIRAN S.P.,
RESIDING AT NO. 10-2, SURYA KIRAN,
R
Digitally signed
by PADMAVATHI
B K
Location: High
Court of
Karnataka
2
RAMA IYENGAR ROAD,
V.V. PURAM,
BASAVANAGUDI, BENGALURU,
KARNATAKA - 560 004.
4 . DHARTHI SUNKU KIRAN,
AGED ABOUT 28 YEARS,
D/O KIRAN S.P.,
RESIDING AT NO.10-2,
SURYA KIRAN,
RAMA IYENGAR ROAD,
V.V. PURAM,
BASAVANAGUDI, BENGALURU,
KARNATAKA - 560 004.
... PETITIONERS
(BY SRI RANGANATH REDDY R., ADVOCATE)
AND:
1 . STATE OF KARNATAKA
BY MALLESHWARAM POLICE STATION,
BENGALURU,
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BENGALURU - 560 001.
2 . SUKRUTHA,
AGED ABOUT 33 YEARS,
W/O PRUTHVI,
RESIDING AT NO. 61/62,
TH
15 CROSS, MALLESHWARAM,
BENGALURU - 560 003.
3. DR.BINDU P.,
C/O CLOUDNINE HOSPITAL
TH
NO.47, 11 MAIN ROAD
NEAR MES COLLEGE
3
MALLESHWARAM
BENGALURU - 560 055.
4. DR.ANURADHA SADASHIVAMURTHY
C/O CLOUDNINE HOSPITAL
TH
NO.47, 11 MAIN ROAD
NEAR MES COLLEGE
MALLESHWARAM
BENGALURU - 560 055.
(R-3 AND R-4 ARE AMENDED VIDE ORDER DATED
20.08.2026)
... RESPONDENTS
(BY SMT.WAHEEDA M.M., HCGP FOR R-1;
SRI NAGESH VINAY S., ADVOCATE FOR R-2;
SMT.ARCHANA K.M., ADVOCATE FOR R-3 AND R-4)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF
BNSS., PRAYING TO 1.ALLOW THIS CRL.P PETITION; 2.QUASH THE
FIR REGISTERED IN CR.NO.85/2026 IN ANNEXURE-A BY
MALLESHWARAM P.S. BENGALURU CITY FOR THE ALLEGED
OFFENCES P/U/S 8 AND 10 OF POCSO ACT, 2012 NOW PENDING
ON THE FILE OF THE COURT OF THE FTSC-1 BENGALURU CITY
INSOFAR AS THE PETITIONERS ARE CONCERNED IN EXERCISE OF
THE POWERS CONFERRED UNDER SECTION 528 OF BNSS, 2023.
THIS CRIMINAL PETITION HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 01.09.2026, COMING ON FOR
PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-
4
CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CAV ORDER
The petitioners are before the Court calling in question
registration of a crime in Crime No.85 of 2026 registered for
offences punishable under Sections 8 and 10 of the Protection of
Children from Sexual Offences Act, 2012 (‘POCSO Act’).
2. Before embarking upon an examination of the controversy
that has brought the parties to the portals of this Court, I deem it
appropriate to first introduce the protagonists of the present legal
nd
imbroglio. Accused No.1 is the husband of the complainant/2
respondent; accused No.2 is the father of accused No.1; accused
No.3 is his mother; and accused No.4 is his sister. Respondents 3
and 4 have come to be arrayed as parties pursuant to an order of
this Court. Thus, the protagonists are members of a family whose
matrimonial discord has now travelled beyond the confines of a
troubled marriage and entered the realm of criminal prosecution,
invoking the stringent provisions of the POCSO Act. At the centre
of this unfortunate familial tempest stands a minor child,
5
whose welfare ought to transcend the bitterness that has
engulfed the relationship between her parents.
3. Facts, in brief, germane, are as follows: -
st nd
3.1. The 1 petitioner and the 2 respondent entered into the
solemn bond of matrimony on 01-07-2018. The wedlock was
blessed with the birth of a daughter on 14-11-2022. What
commenced as a matrimonial union, however, appears to have
gradually descended into discord. The relationship between the
spouses began to flounder, and the fissures in their matrimonial life
widened to such an extent that the parties found themselves
embroiled in a multiplicity of legal proceedings against each other.
The matrimonial bond may have become strained, but the parental
bond with their minor daughter remained an enduring reality, giving
rise to yet another contentious chapter in their already embittered
relationship.
st
3.2. One such proceeding was instituted by the 1 petitioner
before the competent Family Court in G & WC No.438 of 2024. The
nd
grievance projected therein was that the 2 respondent/mother
6
was consistently obstructing the father from meeting, interacting
with and spending time with his minor daughter. The father,
asserting his entitlement to the companionship of his child,
therefore, approached the Family Court seeking custody and
visitation rights. The proceedings witnessed the passing of certain
orders and ultimately travelled to this Court in Writ Petition
No.14861 of 2026.
3.3. A coordinate Bench of this Court, by an interim order,
permitted the father to exercise visitation rights and have the
company of his daughter on specified Saturdays and Sundays
during the hours stipulated therein. Pursuant to the said judicial
imprimatur, the father is said to have exercised visitation rights on
16-05-2026 and 17-05-2026. The minor child, then aged about 3½
years, was received from the mother, taken to the residence of the
father and thereafter returned to the mother in terms of the order
of this Court.
3.4. It is the categorical assertion of the petitioners that
during the aforesaid period of visitation, neither was any grievance
voiced by the mother nor was any allegation levelled that the father
7
had acted in transgression of the directions issued by this Court.
According to the petitioners, the child remained in their company
without any untoward occurrence and was returned to the mother.
The father, therefore, contends that the visitation arrangement was
being exercised in accordance with the orders of the Court.
3.5. It is at this juncture that the narrative takes a
disquieting turn. On a particular occasion, after the child was
returned to the custody of the mother, it is alleged that the child
complained of redness and discomfort around her private parts.
What followed was the registration of Crime No.85 of 2026 for
offences punishable under Sections 8 and 10 of the POCSO Act
against the father and other members of his family.
3.6. The registration of the crime did not remain confined to
the precincts of criminal investigation. The complainant/mother also
approached this Court by filing an application seeking cancellation
or modification of the visitation rights granted to the father, placing
reliance upon the allegations and the registration of the FIR. Thus,
an allegation arising in the course of a fiercely contested custody
dispute, has now become the foundation of a criminal prosecution
8
under a statute enacted for the protection of children against sexual
offences.
3.7. It is this registration of crime that has driven the
petitioners to the doors of this Court, seeking its obliteration. The
controversy, therefore, presents a delicate intersection of
matrimonial acrimony, parental rights, the welfare of a
minor child and the protective rigour of criminal law.
4. Heard Sri Ranganath Reddy R , learned counsel appearing
for petitioners, Smt Waheeda M M , learned High Court
Government Pleader appearing for respondent No.1, Sri Nagesh
Vinay S. , learned counsel appearing for respondent No.2 and
Smt Archana K. M. , learned counsel appearing for respondents 3
and 4.
SUBMISSIONS:
PETITIONERS:
5. The learned counsel appearing for the petitioners would
vehemently contend that the provisions of the POCSO Act,
conceived by the legislature as a formidable shield to protect
9
children from sexual exploitation, are being pressed into service in
the case at hand, as an instrument to settle matrimonial scores. It
is his emphatic submission that the father, who is accused No.1, is
not a stranger to the child but her biological parent, whose right to
enjoy the companionship of his daughter has already received
judicial recognition. The learned counsel would submit that the
father had been exercising visitation rights without any allegation of
misconduct for the preceding period and that no complaint of the
nature now projected had ever surfaced. It is only when the
visitation arrangement was permitted to continue that the mother
has come forward with an allegation of sexual harassment of the
minor child by the father and his family members. The timing of the
accusation, its emergence against the backdrop of the pending
custody proceedings and the immediate attempt to secure
cancellation of visitation rights are, according to the learned
counsel, circumstances that cannot be brushed aside as
inconsequential. He would, therefore, urge that a legislation
intended to be a sanctuary for vulnerable children ought not to be
permitted to become a weapon in the hands of one estranged
spouse against the other. The learned counsel would contend that
10
the criminal process cannot be allowed to degenerate into an
instrument of vengeance, nor can the solemn protection afforded by
the POCSO Act be invoked to extinguish the parental relationship,
merely because the matrimonial relationship has turned
acrimonious. On these premises, he seeks quashment of the
proceedings.
COMPLAINANT:
nd
6.1. Per contra, the learned counsel appearing for the 2
respondent/complainant would stoutly resist the submissions
advanced on behalf of the petitioners. She would contend that the
complaint is neither a product of imagination nor an invention born
of matrimonial hostility, but owes its origin to the discomfort
complained of by the minor child herself. It is her submission that
after the child returned from visitation, she complained of itching
and redness in her private parts, which prompted the mother to
take her to Cloudnine Hospital for medical examination. The
examination, according to the learned counsel, revealed redness in
the area surrounding the vagina, though such redness could be
attributable to several causes. She would contend that the mother,
11
confronted with the complaint of a child of tenderness, could not
have remained a mute spectator and was justified in setting the
criminal law in motion.
6.2. The learned counsel would further submit that the
mother is unwilling to expose the child to any apprehended
recurrence of the alleged conduct and that her reluctance to send
the child to the father is founded upon concern for the child's safety
and well-being. She would, therefore, seek to sustain the
registration of the crime.
7. In view of the nature of the allegations and the medical
circumstances brought to the notice of this Court, a direction was
issued to secure the affidavits of the doctors of Cloudnine Hospital
who had examined the minor child. Pursuant thereto, learned
counsel Smt. Archana K.M., appearing for Cloudnine Hospital, has
placed on record the affidavits of both the doctors concerned. The
medical material thus having been brought before this Court, and
the rival contentions having been heard, the matter is taken up for
consideration. The question that arises is one demanding judicial
circumspection, for the Court is called upon to examine allegations
12
of considerable gravity in the midst of an equally bitter contest over
the custody and companionship of a minor child.
8. I have given my anxious consideration to the submissions
made by the learned counsel for the respective parties and have
perused the material on record.
CONSIDERATION:
9. The relationship between the protagonists is not in dispute.
Equally undisputed is the matrimonial discord that has cast its long
shadow over their lives and has now drawn their minor daughter
into the vortex of adversarial litigation. The estrangement between
the spouses resulted in the father approaching the competent
Family Court in G & WC No.438 of 2024, seeking custody and
visitation rights over his daughter. The Family Court, while
considering the competing claims of the parents and bearing in
mind the paramount welfare of the minor child, passed an order on
27-09-2025 permitting visitation on specified occasions and
festivals. The order reads as follows:
13
“ ORDER
I.A.No.13 filed by the petitioner under Section 12 of the
Guardians and Wards Act read with Section 151 C.P.C is allowed
in part.
The respondent is directed to handover the custody of the
minor daughter Kumari xxxxxx to the petitioner on following
occasions and festivals:
1. Navaratri – 01-10-2025, from 10 a.m. to 1.00 p.m.
2. Dewali – 21-01-2025, from 10.00 a.m. to 1.00
p.m.
3. Birthday of the child – 14-11-2025 from 4.00 p.m.
to 6.00 p.m. and
4. Christmas – 25-12-2025 from 10.00 a.m. to 1.00
p.m.
The respondent shall handover the custody of the minor
child Kumari xxxxxxx to the petitioner during the above referred
period and the petitioner in turn return the custody of the minor
child to the respondent on completion of interim custody period.
The parents must ensure that the child does not feel
uneasy or discomfort when the child is residing with the
petitioner.
Petitioner is directed not to give any ill advice to the child
about the mother/respondent and make the child feel
comfortable when she returns to the custody of the mother.
The respondent is directed to cooperate and facilitate the
petitioner in exercising interim custody.
The petitioner is directed to record video during the entire
interim custody of the child without giving any scope for
allegation and produce the same on every visit/interim custody
to the Court.
14
The above directions would be scrupulously obeyed by the
petitioner and respondent which are in the best interest of the
child and keeping in mind the comfort well being and paramount
interest of the minor child.”
The visitation right was due to the order dated 27-09-2025. The
dispute ultimately reached this Court in Writ Petition No.14861 of
2026 wherein a coordinate Bench passed the following order on
12-05-2026:
“ORAL ORDER ON I.A.NO.1/2026
Accepting the reasons stated in the application,
I.A.No.1/2026 is allowed. Production of certified copy of
Annexures-B to G is dispensed with for the present.
Sri. Nagesh Vinay S., for Smt. Dhanalakshmi Y., learned counsel
for the caveator/respondent seeks time to file objections.
Heard the learned counsel for the petitioner and the
learned counsel for the respondent and perused the material on
record.
Learned counsel for the petitioner would reiterate the
various contentions urged in the petition and invite my attention
to the impugned order in order to point out that the Family
Court committed an error in depriving the petitioner's visitation
rights on Saturdays and Sundays from 10:00 a.m. to 05:00
p.m. by rejecting the application filed by the petitioner and
passing the impugned order, which deserves to be set aside.
Per contra, learned counsel for the respondent supports
the impugned order and submits that the same is liable to be
dismissed.
Statement of objections shall be filed by the next date of
hearing.
15
Meanwhile, having regard to the undisputed fact that the
petitioner is the biological father of the minor child, Kumari
xxxxxx, who is aged about 3½ years and that both the
petitioner-father and the respondent-mother are before the
Family Court in the aforesaid G & WC No.438/2024, wherein the
petitioner seeks permanent custody of the minor child against
the respondent-mother, who presently has custody, without
expressing any opinion on the merits or demerits of the rival
contentions and without prejudice to the rights and contentions
of the parties, I deem it just and appropriate to make an interim
arrangement that shall remain in force till the next date of
hearing of the present petition.
Under the following interim arrangement, the petitioner
shall be entitled to visitation rights during 10.00 a.m. to 05.00
p.m. on following dates:
16.05.2026, 17.05.2026, 23.05.2026, 24.05.2026.
30.05.2026 and 31.05.2026.
The petitioner, who is residing in V.V. Puram, at the
address shown in the cause title, shall pick up the minor child
from the residence of the respondent, who is residing at
Malleshwaram at 10.00 a.m., every Saturday and Sunday on
the aforesaid dates and shall drop the child back at the
residence of the respondent at 5.00 p.m., as stated supra.
The petitioner shall take good and proper care of the child and
shall ensure that no harm, inconvenience or hardship is caused
to the minor child during the period of visitation.
List the petition after Summer Vacation. Meanwhile, the parties
are directed to appear before the Karnataka Mediation Center,
Bengaluru on 06.06.2026.
Hand delivery of this order is permitted.”
The order of the Family Court is significant for more reasons than
one. It did not merely recognise the father's entitlement to the
companionship of his daughter; it also sought to insulate the child
16
from the bitterness of the matrimonial dispute. The directions
requiring the father to ensure the comfort of the child, refrain from
speaking ill of the mother and record the period of interim custody
were evidently intended to safeguard the child's welfare and
prevent avoidable allegations or controversies. The mother was, in
turn, directed to cooperate in facilitating the visitation.
10. The order thus reflected an attempt by the Family Court
to preserve, within the limits of a fractured matrimonial
relationship, the child's association with both parents. The judicial
endeavour was to ensure that the discord between the spouses did
not altogether deprive the child of the affection and companionship
of either parent. The dispute, however, did not rest there. It
travelled to this Court in Writ Petition No.14861 of 2026, wherein a
coordinate Bench, by order dated 12-05-2026, considered the
grievance of the father regarding denial of visitation rights on
Saturdays and Sundays. The coordinate Bench, without expressing
any opinion on the merits of the rival claims and without prejudice
to the rights and contentions of the parties, fashioned an interim
17
arrangement permitting the father to spend time with his daughter.
The order dated 21-05-2026 reads as follows:
“1. IA No.2/2026 is filed by the respondent to modify the
order dated 12.05.2026. The allegations made in the affidavit
filed in support of the application are serious in nature. The
learned counsel for the petitioner vehemently disputes the same
and submits that the respondent is making reckless allegations
only with the intention of scuttling the orders passed by this
Court. He seeks for a short accommodation to file his detailed
objections to IA No.2/2026.
2. Objections of the petitioner to IA No.2/2026 will be
filed before the next date of hearing with an advance copy to
the learned counsel for the respondent.
3. In view of the above, in modification of the order dated
12.05.2026, the remaining dates of visitation shall be exercised
in the following manner:-
a) The visitation on 23.05.2026 shall be exercised
between 10.00 a.m. to 01.00 p.m.;
b) Visitation shall be exercised on 25.05.2026,
27.05.2026 and 29.05.2026 between 03.00 p.m. to
05.00 p.m.
4. The aforementioned visitation shall be exercised by the
petitioner/father at the Karnataka Mediation Center. The
respondent - mother shall bring the child to the mediation
center to enable exercise of the visitation rights. The petitioner
shall be entitled to exercise the visitation rights without the
presence of the respondent.
5. Re-list on 01.06.2026.”
After this emerges the impugned complaint. The complaint reads
as follows:
18
Date: 18/5/2026
"To
Police inspector,
Malleshwaram Police Station,
Bangalore.
From,
Sukrutha P.B
w/o Prithvi, 33 years,
#61/62, east park road,
15th cross, malleshwaram,
Bangalore-560003
9945722779
Sukrutha [email protected]
vysyas.
Respected Madam,
Subject: Complaint regarding Child.
I Sukrutha, 33 year old married to Prithvi Sunku on 1/07/2018.
My child xxxxx was born out of this wedlock on 14-11-2022.
Due to family disputes we are residing separately from
14-9-2024. There is an on going G&WC case 438/24 in front of
family court Bangalore.
As per the high court direction dated 12-05-2026 (WP
14861/26) I was directed to send the child to the father on 16-
05-2026 (Saturday) and 17-05-2026 (Sunday) for timings
morning 10:00 AM to evening 5:00 P.M. both the days.
When the Child was retuned by her father Pritivi Sunku,
the child was upset and feeling low. After enquiring the child
about uneasiness she pointed out to her private parts
complaining about difficult to sit comfortably. I took her to
cloud 9 Hospital on 18-05-2026 morning for examination.
19
It was confirmed by the Doctor that there was
Excoriation and redness of Vulva/anus. The child was
sexual abused on suspicion of sexual assault. Kindly
register the case and bring the Culprit under the law and
provide us Justice. I strongly Suspect Prithvi and his
family members Kiran Sunku-Father, Gayathri-Mother,
Dharthi Sunku- Sister, involved in this crime
Thanking you,
yours, faithfully
Sd/-
(SUKRUTHA P.B)"
The allegation in the complaint is with regard to acts of accused
No.1, the husband on the child. Therefore, Sections 8 and 10 of
the POCSO Act are alleged against the husband. The medical report
that gave rise to registration of crime is as follows:
20
In the light of the controversy surrounding the nature of the
medical examination conducted upon the minor child and the
treatment administered to her, this Court deemed it appropriate to
secure the affidavits of the very doctors who had examined and
treated the child, so that the medical findings could be appreciated
in their proper perspective, unclouded by the competing
interpretations sought to be placed upon them by the estranged
parents.
21
11. Pursuant to the said direction, two affidavits have been
placed on record, one by Dr. Bindu P. and the other by Dr.
Anuradha Sadashivamurthy, both of whom had occasion to examine
the minor child. The affidavits read as follows:
" AFFIDAVIT OF DR. BINDU P.
I, Dr. Bindu P ., aged about 44 years, W/o Harish S.G., residing
at No. 32, 10th A Cross, Kempegowda Layout, Prashantha
Nagar, Basaveshwaranagar, Bengaluru North, Karnataka
560079, do hereby solemnly affirm and state on oath as follows:
1. I am a qualified paediatrician holding MBBS, MD
(Paediatrics), DCH (Aus) and FIPM qualifications and
Karnataka Medical Council Registration No. 71524,
practising at Cloudnine Hospital, Malleshwaram,
Bengaluru. I examined the minor child, then aged
approximately 3 years and 6 months, on 18 May 2026.
The statements made below are based on my clinical
examination.
2. The history recorded at the consultation included pain
while attempting to pass stools, rashes reported around
the perineal/perianal area, and that the child had not
passed stools for two days.
3. On clinical examination, I recorded redness in the
perineal area, excoriation in the vulval region, and a fresh
tear near the lower labial area.
4. My OPD note records an assessment of constipation
and advice to rule out urinary tract infection. I
prescribed the treatment recorded therein and
advised that the affected area be rechecked by a
gynaecologist, as a labial tear had been seen.
5. The redness, excoriation and fresh tear near the
lower labial area recorded by me were non-specific
22
clinical findings. Findings of this nature may occur
for several reasons, including irritation or allergic
reaction, Infection, pinworm infestation, or physical
irritation or injury caused by rubbing or scratching.
The presence of the tear or the other findings did
not, by itself, enable me to determine their precise
cause or mechanism. On the basis of my clinical
examination alone, I was unable to attribute the
findings to any particular cause.
6. I was not requested to undertake, and did not
undertake, a medico-legal or forensic examination.
My examination was confined to the clinical
complaints presented to me at the consultation.
7. The examination and findings referred to above were
contemporaneously recorded by me in the OPD note
dated 18 May 2026. The said OPD note is a true account
of the clinical entries made by me in the course of the
consultation.
Wherefore What is stated here in above is true and
correct to the best of my knowledge, information and
belief .
.... .... ....
AFFIDAVIT OF DR. ANURADHA SADASHIVAMURTHY
I Dr. Anuradha Sadashivamurthy , aged about 60 years, D/o
Dr.B.Sadashivamurthy, residing at No. 11, 4th Main, SBM
Colony, Anand Nagar, Bangalore North, H.A. Farm, Bengaluru,
Karnataka - 560024, do hereby solemnly affirm and state on
oath as follows:
1. I am a qualified medical practitioner holding MBBS and
MD qualifications and Karnataka Medical Council
Registration No. 29253, practising as a Consultant at
Cloudnine Hospital, Malleshwaram, Bengaluru. I examined
the minor child, then aged approximately 3 years and 6
23
months, on 18 May 2026. The statements made below
are based on my clinical examination.
2. At the consultation, the complaints recorded were
difficulty in sitting and burning over the vulval region. On
clinical examination, I recorded excoriation and redness
of the vulva and anus. I also recorded that there was no
discharge.
3. I was aware of the treatment and advice already
given by the treating paediatrician, Dr. Bindu P. On
examining the child, I considered the treatment
already prescribed and the clinical management
advised by her to be appropriate for the complaints
and findings presented at that time. I therefore did
not consider it necessary to prescribe any
additional medication or alter the treatment already
advised.
4. The findings recorded by me were non-specific
clinical findings. Findings of this nature may occur
from several causes, including irritation, infection,
scratching, rubbing, or other accidental or
mechanical causes. On the basis of my clinical
examination alone, I was unable to determine their
precise cause.
5. I was not requested to undertake, and did not undertake,
a medico-legal or forensic examination. My examination
was confined to the clinical complaints presented to me at
the consultation.
6. The examination and findings referred to above were
contemporaneously recorded by me in the medical record
dated 18 May 2026. The said record is a true account of
the clinical entries made by me in the course of the
consultation.
Wherefore What is stated here in above is true and
correct to the best of my knowledge, information and
belief ."
(Emphasis added at each instance)
24
12. A careful perusal of the affidavit of Dr. Bindu P. would
reveal that the redness, excoriation and fresh tear noticed near the
lower labial region were described as non-specific clinical findings .
The doctor has categorically stated that such findings may arise
from a variety of causes, including irritation, allergic reactions,
physical irritation or injury occasioned by rubbing or scratching.
13. What assumes considerable significance is the doctor's
unequivocal assertion that, on the strength of the clinical
examination alone, she was unable to attribute the findings to any
particular cause. The affidavit of Dr. Anuradha Sadashivamurthy is
no different in its essential purport. The latter doctor also indicates
that redness in the region concerned may arise for several reasons
and that her examination was confined to the clinical complaints
presented before her.
14. Thus, the medical evidence, which ought to have
furnished an objective foundation for the allegation, does
not, by itself, establish the cause of the symptoms noticed in
the minor child. Neither doctor attributes the clinical
findings to sexual assault. Equally, the affidavits do not
25
purport to conclusively exclude such a possibility. The
distinction is of considerable importance, for a clinical
finding is one thing, and the conclusion sought to be drawn
from that finding is quite another. Suspicion may set the
investigative machinery in motion, but suspicion cannot be
elevated to the status of medical opinion, nor can an
inference drawn by a complainant be attributed to a doctor
who has expressed no such conclusion.
nd
15. The complaint lodged by the 2 respondent/mother
narrates that the child was taken to Cloudnine Hospital, where the
doctors noticed excoriation and redness in the vulval region. From
this clinical observation, the mother proceeds to draw an inference
that the child had been subjected to sexual assault and, on that
premise, seeks registration of a crime against the husband and
members of his family. The medical findings, however, do not speak
in the language in which the complainant seeks to portray them.
Had the doctors expressed an opinion that the findings were
attributable to sexual assault, the matter would have presented an
26
altogether different complexion. That is not what the affidavits
placed before this Court disclose.
16. The circumstances obtaining in the case at hand present a
deeply disturbing spectacle. A marriage that has descended into
acrimony, a contest for the custody and companionship of a minor
daughter, successive proceedings before the Family Court and this
Court, and, in the midst of this matrimonial conflagration, a child of
tender years being drawn into the vortex of criminal litigation. The
child, who ought to have been the beneficiary of the
affection of both parents, is now at the centre of their
adversarial battle. The discord between the parents appears
to have travelled far beyond the boundaries of their
matrimonial relationship and threatens to cast its shadow
upon the innocence, emotional security and well-being of the
child.
17. The sequence of events, the nature of the allegations and
the medical material now placed on record, prima facie give rise to
a serious apprehension that the complainant/mother is seeking to
employ the criminal process, as an instrument to overcome the
27
orders granting visitation rights to the father. It appears, at this
stage, that the child is being made the fulcrum of a dispute that
essentially rages between the parents. The Court cannot remain
oblivious to the possibility of a protective legislation being
invoked for a collateral purpose, particularly when the
accusation emerges against the backdrop of an intensely
contested custody proceeding.
18. What compounds the concern of this Court is the manner
in which the parents and sister of accused No.1 have also been
drawn into the dragnet of criminal prosecution. Accused No.2 is the
father of the husband, accused No.3 his mother and accused No.4
his sister. The allegation is one attracting Sections 8 and 10 of the
POCSO Act, wherefrom the criminal culpability of the father,
mother and sister of accused No.1 emerges is a question, to
which the complaint furnishes no discernible answer.
19. The complaint does not disclose any specific act
attributable to these family members that would constitute the
ingredients of the offences alleged. There is no distinct narration of
their individual participation, no particular overt act ascribed to
28
them and no factual foundation indicating how they are said to have
committed or participated in the alleged offences. Their relationship
with accused No.1 appears to be the only thread by which they
have been woven into the fabric of the accusation. The criminal law
recognises individual responsibility, founded upon legally cognisable
acts and omissions, not guilt by familial association.
20. The indiscriminate implication of the husband's
family members, without any specific allegation constituting
an offence against them, prima facie bears the unmistakable
features of an attempt to settle personal scores arising out
of matrimonial bitterness. A criminal prosecution cannot be
converted into a collective punishment of an entire family,
merely because one of its members is embroiled in an
acrimonious matrimonial dispute. To permit such
proceedings to continue, in the absence of even the
rudiments of an accusation against these family members,
would be to lend the coercive authority of criminal law to a
grievance that does not disclose their criminal culpability.
29
21. The process of criminal law is itself a serious
matter. It cannot be permitted to become the punishment
where the complaint does not disclose the commission of an
offence. The sword of prosecution cannot be allowed to hang over
persons against whom the complaint attributes no legally
cognisable act. To do so would not advance the cause of justice; it
would permit the criminal justice system to be employed as an
instrument of harassment. Therefore, insofar as accused Nos.2, 3
and 4 are concerned, the continuation of investigation, in the
absence of any specific allegation disclosing the ingredients of the
offences alleged, would amount to a manifest abuse of the process
of law. The criminal process against them cannot be permitted to
continue even for a day, merely on the strength of their relationship
with accused No.1. The proceedings, insofar as these accused are
concerned, deserve to be interdicted at the threshold.
22. This brings me to the case of accused No.1, the husband
of the complainant and, more importantly, the biological father of
the minor child. The allegation against him requires consideration
on its own footing, for the accusation is one of sexual assault upon
30
a child of tender years, invoking the stringent provisions of Sections
8 and 10 of the POCSO Act. The child was aged about 3½ years at
the time of the event in question. What is striking in the material
presently placed before this Court is that no statement of the child
appears to have been recorded during the investigation or by the
doctors who examined her. The accusation, as it presently stands,
emanates from the mother. It is the mother who narrates the
alleged occurrence, the mother who interprets the clinical findings
and the mother who proceeds to attribute sexual assault to the
father. There is, on the material placed before this Court, no
independent account of the alleged occurrence from the child
herself.
23. This circumstance assumes significance when examined
alongside the contents of the application filed by the complainant
seeking vacation or modification of the interim order granting
visitation rights. Paragraph 8 of the said application contains
allegations, which according to the petitioners, are conspicuously
absent from the complaint subsequently lodged before the
jurisdictional police. If those allegations constituted the factual
31
foundation of the accusation, the omission to narrate them in the
criminal complaint is a circumstance that calls for judicial scrutiny.
The complainant has not placed those allegations in the complaint
with the specificity with which they appear to have been projected
in the proceedings concerning visitation rights.
24. The complaint, in substance, proceeds on the footing that
the medical examination disclosed excoriation and redness in the
vulval region and that, therefore, the child must have been
subjected to sexual assault. Upon this inference rests the suspicion
directed against the father and his family members. But the
doctors, whose clinical findings constitute the very foundation of the
accusation, have not attributed those findings to sexual assault. The
medical material thus does not, by itself, supply the causal
connection which the complainant seeks to draw.
25. The question, therefore is, whether the allegations,
considered in their entirety and in the setting of the events that
preceded the registration of the crime, disclose the ingredients of
the offences alleged against accused No.1, or whether the criminal
32
prosecution is sought to be employed as yet another weapon in the
continuing matrimonial contest?
26. It is necessary to underscore that the POCSO Act is a
legislation of profound social importance. It was enacted to protect
children from sexual assault, sexual harassment and exploitation,
and to ensure that their vulnerability does not become an invitation
to abuse. Its protective mantle must remain inviolable. At the same
time, the gravity of the legislation cannot dispense with the
necessity of examining whether the allegations disclose the
ingredients of the offences invoked. The more serious the
accusation, the greater the need for a careful and legally
disciplined examination of the material, without either
prejudging the allegation or allowing the solemnity of the
statute to substitute for the factual foundation required by
law.
27. The Courts are increasingly confronted with
matrimonial disputes in which allegations of grave criminal
misconduct are intertwined with proceedings concerning
custody, visitation and parental access. In such cases, the
33
child sometimes stands at the intersection of two competing
narratives, each parent claiming to act in the child's
paramount interest. The danger is not merely that a parent
may be falsely accused; it is equally that a genuine
grievance of a child may be obscured by the surrounding
matrimonial hostility. Both possibilities demand vigilance.
Neither can be presumed merely from the existence of
matrimonial discord.
28. A child cannot be reduced to a weapon in the
armoury of an estranged spouse. The innocence of childhood
cannot be made the currency with which matrimonial scores
are settled. Equally, the protection of a child cannot be
sacrificed at the altar of a parent's claim of false implication.
It is this delicate balance that a constitutional Court must preserve.
The judicial task, therefore, is neither to accept an allegation
merely because it is clothed in the language of the POCSO Act nor
to discard it, merely because it arises amidst matrimonial acrimony.
The Court must examine the substance of the accusation, the
specificity of the allegations, the attendant circumstances and the
34
material placed on record. Where the complaint rests upon
broad assertions, unsupported inferences and an absence of
particulars connecting the accused to the alleged offence,
the Court must be alert to the possibility of the criminal
process being invoked for an ulterior purpose.
29.1. The Apex Court in the case of ISHWAR CHAND
1
SHARMA v. STATE OF UTTAR PRADESH , has held as follows:
“…. …. ….
Rising Trend in Vexatious Litigation:
9. In the backdrop of the facts of the present case, we
wish to underline a worrying trend that has come to our
attention. Parties involved in matrimonial or commercial
relationships with one another are resorting to filing of frivolous
and vexatious claims and allegations of a criminal nature to
settle personal scores and grudges against each other and
therefore turn to nefarious/oblique means to attain the said
objective. We also painfully take judicial cognizance of the
fact that the courts of law are being misused and
overburdened by such vague and vexatious litigations
between spouses as many a times, the recourse to law
and police is taken, in an oblique way so as to
antagonise, pressurise, hound and harass the other
spouse and their family members in order to retaliate and
exact revenge that is carried out due to sheer hatred and
disdain for the said spouse and their family members.
9.1 While we are cognizant of the fact that there
are genuine and bona fide cases in the courts wherein the
aggrieved parties are genuinely looking for relief and
1
2026 SCC OnLine SC 1004
35
respite from the actions and omissions of their spouses,
that often require immediate care and attention of the
courts of law and public authorities, such cases get
frequently overshadowed and obscured by the
overwhelming number of false and frivolous cases filed
by spouses against one another as an ‘arm-twisting’
method so as to reach a more favourable outcome or
settlement or more lucrative monetary settlement. The
onus is on courts to be careful and cautious so as to
separate the wheat from the chaff and separate the
genuine cases of matrimonial oppression, rape and
offences against women from the cases wherein the legal
process and procedure is being used as a tool to file false
and frivolous cases out of vengeance. While doing so,
care should be taken to ensure that the rights and
freedoms of innocent parties are not trampled or
arbitrarily taken away by unscrupulous and baseless
litigation.
9.2 We are conscious of the fact that there are many
instances where women are gravely affected by matrimonial
disputes and violence that they have to endure at the hands of
the spouse and in-laws and other family members. Such cases
deserve our utmost attention and judicial scrutiny so as to make
sure that the ends of justice are met and the offenders do
not go scot-free and rather get the punishment they
deserve. However such a zeal to meet the ends of justice
should be countenanced, by courts of law and executive
authorities of the State, with a pragmatic approach
bearing in mind the recent trend of criminal litigation in
this country wherein the legal machinery and statutes are
being used as a tool by mischievous litigants so as to
create unnecessary hurdles and punish unsuspecting and
often innocent citizens particularly in the sphere of
matrimonial disputes. The litigating parties and their
advocates should also be cognizant of the fact that such
vexatious filing of false and frivolous claims and cases
cast unnecessary burden on the already overburdened
machinery and apparatus of the State and Judiciary. This
factor also diverts the attention of courts and its resources
whereas genuine cases of the parties with actual verifiable
grievances are not being able to be adjudicated in time owing to
the time spent in adjudicating upon phantom claims of
36
mischievous litigators seeking to create litigation out of thin air
or in the absence of a cause to do so.
9.3 One particular offshoot or a species of vexatious and
frivolous litigation is in family disputes, particularly, a
‘matrimonial bouquet’ that is presented by the estranged wife
against the husband and his family out of personal animosity
and spite once the relationship turns sour and rancorous and
vice versa . This ‘matrimonial bouquet’ often includes claims of
dowry demands; cruelty under 498A IPC; harassment by in-laws
and domestic violence, made by the complainant against her
spouse and in-laws. This set of cases frequently include bogus
and empty allegations and false claims of harassment, cruelty
and marital hardships that, more often than not, contain little to
no substance at all and are usually not backed by any material
or other documentary evidence. A tell-tale sign of such
vexatious cases is that often they contain vague and sweeping
general allegations that are not specific in nature but rather are
aimed at arraying several family members if not all of the
spouse's family, including those who are old and ailing, as
accused and consequently cast the prosecution net as wide as
possible by invoking multiple provisions of law by using general,
vague and omnibus allegations that are not backed either by
fact or law. We say so while being mindful of the fact that
although any complaint or a FIR is not an encyclopaedia of
evidence and factual circumstances so as to contain all details of
the alleged incident, by no means can it be a general
conglomeration of statements made by the disgruntled spouse
with a mala fide intent, containing little or no details of the
alleged criminal acts that often lack a chronology of events.
Further, sweeping allegations and vexatious claims often fail to
highlight and elaborate upon how the alleged acts happened,
the manner in which such acts were undertaken, the aftermath
of such incidents etc.
9.4 In this regard, we would be remiss to not highlight
the recent upswing in the false and frivolous matrimonial cases
which have unfortunately brought to the fore the uglier side of
litigation. A recent trend in this regard is when the wife
resorts to filing false complaints and cases under POCSO
Act alleging that the husband, who is also the father of
the minor child, has committed wanton acts which are
sexual in nature especially against the minor daughter. At
37
the centre of this sort of litigation is a child who is often
used by her mother against her father, against her will
and wishes, so as to make false and vexatious complaints
against her father and other male members of her
paternal family in order to exact revenge or as an arm-
twisting tactic to obtain a higher monetary settlement or
to simply harass.
9.5 There are also instances where in cases of
enmity between the members of a family, between
neighbours or business partners or associates, or even
between borrowers and lenders of financial assistance, a
weapon of harassment being resorted to is a complaint
under the POCSO Act at the instance of a parent of a child
(in most cases being the daughter) so as to wreak
vengeance or to get over civil disputes between the
parties by a subdued accused under the said Act yielding
to the demands of the complainant. Also, the threat of a
false complaint under the POCSO Act is used as a means
to escape legal consequences arising out of a commercial
transaction, a matrimonial dispute or such other disputes.
9.6 While we are conscious of the fact that there
are instances and a plethora of cases that are true and
deserve the utmost attention and deft handling on the
side of authorities and Courts and which should be
pursued vigorously to reach a logical conclusion, on the
other side of the spectrum, are cases invoking such
serious and heinous allegations which are prima facie
vague, omnibus and general in nature and thereby
lacking any material backing or evidence which should be
shunned at the very threshold. We say so for the reason
that if a person is made an accused and forced to face a
criminal trial on general and sweeping allegations
without bringing on record any specific instances of
criminal conduct, it would tantamount to an abuse of the
process of law and court. Hence, legal practitioners who
tender advice in such cases must restrain parties from filing
such false/frivolous complaints when requested to do so.
Further, lawyers/advocates must also not advise filing of
criminal complaints which are false/concocted so as to keep the
opposite parties under a tight leash so that they could come
forward for a settlement on the terms dictated by their parties
or else, to face a criminal prosecution which can prolong for
38
years. When such is the trend, on the other side, efforts are
made to seek anticipatory bail by persons apprehending arrest
owing to a false/frivolous complaint being lodged which
sometimes reach the portals of this Court after being
unsuccessful at the level of the trial court and High Court. Also,
steps are taken for seeking quashing of such false/frivolous
complaints before the High Court which has its own saga of
uncertainties causing undue pressure, harassment, stress and
tension on the so-called accused. The consequence of all this is
docket explosion and burden on Courts resulting in genuine
complaints and cases not being given due time and attention
that they need.
9.7 Courts then owe a duty to subject the allegations
levelled in the complaint to a thorough scrutiny to ascertain if a
prima facie case is made out or not, and whether there is any
kernel of truth in the allegations or whether the said allegations
have been made only with the sole intent of spite so as to
harass the opposite party with a prolonged process of criminal
litigation, arrest and sometimes a conviction which later on may
result in an acquittal by a higher Court or in a worse case, no
relief at all being given to an innocent party. This stands more
true when prosecution arises from a matrimonial dispute.”
29.2. The Apex Court again, in a judgment rendered on
2
24-09-2026, in ‘R’ v. ‘E’ , has held as follows:
“…. …. ….
JUDICIAL NOTICE OF ABUSE OF LEGAL
PROVISIONS:—
37. We opened the judgment observing an alarming
trend that is on the rise where one parent misuses the legal
provisions to gain strategic legal advantage. This Court and
some High Courts have already taken judicial notice of this
unfortunate but a chronic syndrome.
2
2026 SCC OnLine SC 2002
39
…. …. ….
40. In Ishwar Chand Sharma v. State of Uttar
Pradesh , 2026 SCC OnLine SC 1004, directly addressing
the issue as to how the POCSO Act is used as a weapon to
wreak vengeance and advised the legal fraternity to
refrain parties from filing frivolous complaints, this Court,
speaking through B.V. Nagarathna J., held as under:—
“9. In the backdrop of the facts of the
present case, we wish to underline a worrying
trend that has come to our attention. Parties
involved in matrimonial or commercial
relationships with one another are resorting to
filing of frivolous and vexatious claims and
allegations of a criminal nature to settle personal
scores and grudges against each other and
therefore turn to nefarious/oblique means to
attain the said objective. We also painfully take
judicial cognizance of the fact that the courts of
law are being misused and overburdened by such
vague and vexatious litigations between spouses
as many a times, the recourse to law and police is
taken, in an oblique way so as to antagonise,
pressurise, hound and harass the other spouse
and their family members in order to retaliate and
exact revenge that is carried out due to sheer
hatred and disdain for the said spouse and their
family members.
9.1 While we are cognizant of the fact that there
are genuine and bona fide cases in the courts wherein
the aggrieved parties are genuinely looking for relief and
respite from the actions and omissions of their spouses,
that often require immediate care and attention of
the courts of law and public authorities, such
cases get frequently overshadowed and obscured
by the overwhelming number of false and frivolous
cases filed by spouses against one another as an
‘arm twisting’ method so as to reach a more
favourable outcome or settlement or more
lucrative monetary settlement. The onus is on
courts to be careful and cautious so as to separate
the wheat from the chaff and separate the genuine
cases of matrimonial oppression, rape and
offences against women from the cases wherein
40
the legal process and procedure is being used as a
tool to file false and frivolous cases out of
vengeance. While doing so, care should be taken
to ensure that the rights and freedoms of innocent
parties are not trampled or arbitrarily taken away
by unscrupulous and baseless litigation.
9.2 We are conscious of the fact that there are
many instances where women are gravely affected by
matrimonial disputes and violence that they have to
endure at the hands of the spouse and in laws and other
family members. Such cases deserve our utmost
attention and judicial scrutiny so as to make sure that
the ends of justice are met and the offenders do not go
scot-free and rather get the punishment they deserve.
However such a zeal to meet the ends of justice
should be countenanced, by courts of law and
executive authorities of the State, with a
pragmatic approach bearing in mind the recent
trend of criminal litigation in this country wherein
the legal machinery and statutes are being used as
a tool by mischievous litigants so as to create
unnecessary hurdles and punish unsuspecting and
often innocent citizens particularly in the sphere of
matrimonial disputes. The litigating parties and
their advocates should also be cognizant of the
fact that such vexatious filing of false and
frivolous claims and cases cast unnecessary
burden on the already overburdened machinery
and apparatus of the State and Judiciary. This
factor also diverts the attention of courts and its
resources whereas genuine cases of the parties
with actual verifiable grievances are not being
able to be adjudicated in time owing to the time
spent in adjudicating upon phantom claims of
mischievous litigators seeking to create litigation
out of thin air or in the absence of a cause to do
so.
9.3 One particular offshoot or a species of
vexatious and frivolous litigation is in family disputes,
particularly, a ‘matrimonial bouquet’ that is presented by
the estranged wife against the husband and his family
out of personal animosity and spite once the relationship
turns sour and rancorous and vice versa. This
‘matrimonial bouquet’ often includes claims of dowry
demands; cruelty under 498A IPC; harassment by in
41
laws and domestic violence, made by the complainant
against her spouse and in-laws. This set of cases
frequently include bogus and empty allegations and false
claims of harassment, cruelty and marital hardships
that, more often than not, contain little to no substance
at all and are usually not backed by any material or
other documentary evidence. A tell-tale sign of such
vexatious cases is that often they contain vague and
sweeping general allegations that are not specific in
nature but rather are aimed at arraying several family
members if not all of the spouse's family, including
those who are old and ailing, as accused and
consequently cast the prosecution net as wide as
possible by invoking multiple provisions of law by using
general, vague and omnibus allegations that are not
backed either by fact or law. We say so while being
mindful of the fact that although any complaint or a FIR
is not an encyclopaedia of evidence and factual
circumstances so as to contain all details of the alleged
incident, by no means can it be a general
conglomeration of statements made by the disgruntled
spouse with a mala fide intent, containing little or no
details of the alleged criminal acts that often lack a
chronology of events. Further, sweeping allegations and
vexatious claims often fail to highlight and elaborate
upon how the alleged acts happened, the manner in
which such acts were undertaken, the aftermath of such
incidents etc.
9.4 In this regard, we would be remiss to not
highlight the recent upswing in the false and frivolous
matrimonial cases which have unfortunately brought to
the fore the uglier side of litigation. A recent trend in
this regard is when the wife resorts to filing false
complaints and cases under POCSO Act alleging
that the husband, who is also the father of the
minor child, has committed wanton acts which are
sexual in nature especially against the minor
daughter. At the centre of this sort of litigation is a
child who is often used by her mother against her
father, against her will and wishes, so as to make
false and vexatious complaints against her father
and other male members of her paternal family in
order to exact revenge or as an arm-twisting tactic
to obtain a higher monetary settlement or to
simply harass.
42
9.5 There are also instances where in cases
of enmity between the members of a family,
between neighbours or business partners or
associates, or even between borrowers and
lenders of financial assistance, a weapon of
harassment being resorted to is a complaint under
the POCSO Act at the instance of a parent of a
child (in most cases being the daughter) so as to
wreak vengeance or to get over civil disputes
between the parties by a subdued accused under
the said Act yielding to the demands of the
complainant. Also, the threat of a false complaint
under the POCSO Act is used as a means to escape
legal consequences arising out of a commercial
transaction, a matrimonial dispute or such other
disputes.
9.6 While we are conscious of the fact that there
are instances and a plethora of cases that are true and
deserve the utmost attention and deft handling on the
side of authorities and Courts and which should be
pursued vigorously to reach a logical conclusion, on the
other side of the spectrum, are cases invoking such
serious and heinous allegations which are prima facie
vague, omnibus and general in nature and thereby
lacking any material backing or evidence which should
be shunned at the very threshold. We say so for the
reason that if a person is made an accused and forced to
face a criminal trial on general and sweeping allegations
without bringing on record any specific instances of
criminal conduct, it would tantamount to an abuse of the
process of law and court. Hence, legal practitioners who
tender advice in such cases must restrain parties from
filing such false/frivolous complaints when requested to
do so. Further, lawyers/advocates must also not
advise filing of criminal complaints which are
false/concocted so as to keep the opposite parties
under a tight leash so that they could come
forward for a settlement on the terms dictated by
their parties or else, to face a criminal prosecution
which can prolong for years . When such is the trend,
on the other side, efforts are made to seek anticipatory
bail by persons apprehending arrest owing to a
false/frivolous complaint being lodged which sometimes
reach the portals of this Court after being unsuccessful
at the level of the trial court and High Court. Also, steps
are taken for seeking quashing of such false/frivolous
43
complaints before the High Court which has its own saga
of uncertainties causing undue pressure, harassment,
stress and tension on the so-called accused. The
consequence of all this is docket explosion and burden
on Courts resulting in genuine complaints and cases not
being given due time and attention that they need.
9.7 Courts then owe a duty to subject the
allegations levelled in the complaint to a thorough
scrutiny to ascertain if a prima facie case is made out or
not, and whether there is any kernel of truth in the
allegations or whether the said allegations have been
made only with the sole intent of spite so as to harass
the opposite party with a prolonged process of criminal
litigation, arrest and sometimes a conviction which later
on may result in an acquittal by a higher Court or in a
worse case, no relief at all being given to an innocent
party. This stands more true when prosecution arises
from a matrimonial dispute.
9.8 We are also cognisant of the fact that a
genre of matrimonial litigation is on the rise in this
country which inevitably includes, within its ambit,
a rise in filing of false, frivolous and vexatious
cases with a mala fide intent and ulterior motive
to wreck havoc and vengeance on the spouse and
in the bargain seek the best compromise.
Therefore, the Courts have to exercise utmost
caution and restraint while entertaining such suits
and criminal proceedings as any misstep and
overreach can have a cascading effect on the
health, both mental and physical, of the parties
involved and the sanctity of the institution of
marriage itself….. ”
(Emphasis supplied)
41. The High Courts, across the country, have also
been cognizant of this malaise. The Kerala High Court, in
Suhara v. Muhammed Jaleel , 2019 SCC OnLine Ker 1237,
while cautioning the Family Courts to not be carried away
by allegations of commission of offences under the
POCSO Act by a parent, noticed the growing tendency as
early as in 2019, to foist false crime against the biological
father . The Court held as under:—
44
“28. In our opinion, mere registration of a crime
under the provisions of the POCSO Act against the
parent of the ward is no assurance to a Family Court
that allegation of sexual abuse made against him is
nothing but true. The allegation made against the
biological father could be true in rare cases, but could be
wholly false also. The Family Court, before which such
registration of crime is proved must necessarily apply its
mind and endeavour to find out the true circumstances
which activised the registration rather than being allured
by the mere fact of registration. Unless a very cautious
approach is adopted by the Family Court to ensure that
information on which crime was registered is not
frivolous and vexatious, many a innocent parent fighting
for custody of his own ward would be victim of false
implication of crimes under the POCSO Act. There is a
growing tendency in the recent years to foist false
crimes against the biological father alleging sexual
abuse of own child misusing the provisions of the
POCSO Act when serious fight for custody of ward
is pending resolution before the Family Courts.
The Family Courts to whose notice registration of
crime under the POCSO Act is brought owe an
onerous responsibility to ensure that the
registration of crime against the parent is not a
ruse for defeating his legitimate claim for custody
of the ward. The Family Courts ought to examine
the outcome of investigation of the crime placed
before the court and also take into consideration
all relevant facts and circumstances which would
help the Judge form a prima facie opinion as to
whether the allegation of sexual abuse of the ward
is baseless or not. Each case requires to be
approached and evaluated on its own facts and we
realise that no hard and fast approach could be
laid in this respect at all. We do not mean to say
that Family Courts should disregard the materials
collected by the investigating agency in the crime
and hold a total independent enquiry in order to
get at the truth or veracity of the allegation. We
make it clear that unless there are reliable
materials capable enough to convince the
allegation of sexual abuse to be well founded,
mere registration of crime shall not be reckoned
as a ground for rejecting the claim of the parent
for custody of the child.”
45
(Emphasis supplied)
42. In N. Chandramohan v. State , 2019 SCC OnLine
Mad 3666, the High Court of Judicature at Madras,
highlighting the damage caused to a parent, in case of
false accusations, made the following telling
observations:—
“11. There were instances when the
attention of this Court was drawn to similar such
incidents, where false complaint were given as if
the husband has committed an offence under
POCSO Act against the daughter and it was
informed to this Court that such cheap tactics are
adopted in the family court cases, just to arm twist
the husband and make him fall in line. This Court
was not willing to believe that such instances can
happen and this case is an eye opener for this
Court. This Court was made aware, the extent to
which POCSO Act can be misused.
12. The object of the POCSO Act was to
protect children from offence of sexual assault,
sexual harassment, etc., and that is why the Act
specifically provides for a legal presumption as to
the commission of the offence and the culpable
mental state, once a prosecution is launched under
this Act. The burden of proof is upon the accused
to prove that he had no such mental state with
respect to the Act charged as an offence in that
prosecution. The consequences of prosecuting a
person under this Act are very serious and apart
from providing for stringent punishments, the
person who is prosecuted virtually comes down in
the eyes of the society at large and he is virtually
shunned from the main stream of the society.”
(Emphasis supplied)
43. The judgments set out above thus recognise a
trend of misuse of the provisions of the POCSO Act for
extraneous considerations. In some cases, the provisions
are invoked as a pressure tactic in divorce or custody
proceedings, while in others they are used simply to
settle scores or seek revenge. No doubt, the POCSO Act,
46
under Section 22, provides for prosecution of persons making
false complaints or giving false information in respect of
Sections 3, 5, 7 and 9 of the POCSO Act respectively. However,
by the time Section 22 is invoked substantial damage would be
caused to the party falsely charged. Section 22 of the POCSO
Act reads as under:—
“ 22. Punishment for false complaint or false
information .—(1) Any person, who makes false
complaint or provides false information against any
person, in respect of an offence committed under
sections 3, 5, 7 and section 9, solely with the intention
to humiliate, extort or threaten or defame him, shall be
punished with imprisonment for a term which may
extend to six months or with fine or with both.
(2) Where a false complaint has been made or
false information has been provided by a child, no
punishment shall be imposed on such child.
(3) Whoever, not being a child, makes a false
complaint or provides false information against a child,
knowing it to be false, thereby victimizing such child in
any of the offences under this Act, shall be punished
with imprisonment, which may extend to one year or
with fine or with both. ”
44. The possible misuse of the POCSO provisions was
th
highlighted in the 240 Report on the POCSO Bill by the
Parliamentary Standing Committee on Human Resource
Development. The Report observed thus:—
“11.4 The Committee observes that the National
Commission for Protection of Child Rights, the statutory
body at the national level meant to act as a watch dog
for protection of child rights is in agreement with this
provision. The Committee understands that the
proposed law is meant to instill in children a sense of
confidence to report abuse and exploitation instead of
deterring them from reporting. But at the same time,
provision of this proposed law is not meant for
settling scores and such attempts need to be
curbed. The argument that the CrPC contains
adequate provisions to deal with false complaints
is also not very convincing . The Committee has
observed that all such legislations invariably have a
47
provision which would serve as a deterrent in case of
false complaints being made. The only thing is to ensure
that such a provision is free from any unnecessary or
uncalled for stipulation.”
(Emphasis supplied)
45. Thus, it is clearly mentioned in the aforesaid
report that the POCSO Act is not meant for settling scores
and any attempt made to misuse the provisions would
accordingly need to be curbed. Although Section 22 of the
POCSO Act is meant to deter false complaints, yet by the
time this provision comes into application, irreparable
harm may already have been done to the accused. This
harm can take two forms. First, the accused may suffer
prolonged incarceration, with the loss of liberty and the
other adverse consequences that ordinarily accompany
the registration of an FIR. Secondly, the accusation may
adversely affect guardianship or custody proceedings
being litigated in a different forum. Therefore, we are of
the considered opinion that certain precautions must be
taken, within the four corners of the law, to prevent such
harm from befalling the accused.
46. We shall now discuss the safeguards, the context in
which they would come into play, and their scope.
SAFEGUARDS TO PREVENT IRREPARABLE HARM:—
47. While we are cognizant that the provisions of the
POCSO Act are, in some situations, misused, it would be remiss
not to bear in mind the avowed object and purpose for which
the Act was enacted i.e., to provide a self-contained,
comprehensive legislation to protect children from the offences
of sexual assault, sexual harassment and child sexual
exploitation and abuse material (CSEAM), with due regard to
safeguarding the interest and well-being of the child at every
stage of the process. Any precaution we envision to prevent
irreparable harm to the accused in certain contexts and
circumstances must, therefore, not run counter to the
stated object of the Act, or dilute the stringency with
which such offences are meant to be treated. What is
needed is a balancing exercise: precautions that neither
dilute the object of the Act nor weaken its provisions,
48
while allowing sufficient leeway to ensure that
irreparable harm is not caused to the accused. Therefore,
any safeguard we introduce should be read in this
specific context.
48. Before the precautions to prevent such harm
are set out, we must be clear as to the exact context in
which they would apply. They would apply only when
both of the following threshold conditions are met:—
i) Firstly , an offence under the POCSO Act is alleged
to have been committed by a parent, or any other family
member who is living under the same roof as the child
victim.
ii) Secondly , a matrimonial dispute of some form,
irrespective of whether it is before a court of law or not,
exists between the parents of the child victim, thereby
indicating the possibility of a strained relationship. It
would be the duty of the police officer receiving the
complaint to verify, at the time of receipt of the
complaint, that a matrimonial dispute as aforesaid exists
between the parents .”
(Emphasis supplied at each instance)
A conspectus of the law laid down by the Apex Court in ISHWAR
CHAND SHARMA v. STATE OF UTTAR PRADESH and reiterated
in ‘R’ v. ‘E’ would unmistakably reveal a judicial concern of
considerable gravity. The Apex Court has recognized the
disturbing phenomenon of matrimonial disputes spilling over
into the domain of criminal law, where the protective
provisions of the POCSO Act are, in certain cases, invoked
not to vindicate the rights of a child, but to visit an
49
estranged spouse with the rigours of criminal prosecution
and thereby secure an advantage in proceedings concerning
custody or visitation . The Apex Court has cautioned that an
allegation, however grave its character, cannot be permitted to
acquire the sanctity of truth, merely by its incorporation in a
complaint. The accusation must disclose the essential ingredients of
the offence, supported by specific factual particulars and considered
in the setting of the attendant circumstances. A complaint is
undoubtedly not expected to be an encyclopedia of events, but it
cannot be a mere assemblage of sweeping accusations,
unsupported inferences and unparticularised suspicions.
30. The Apex Court has further deprecated the
tendency to cast the net of prosecution so wide as to engulf
the entire family of an estranged spouse, without attributing
any specific criminal act to its members . In ‘R’ v. ‘E’ , the Apex
Court has taken the principle a step further by recognizing that the
mere registration of a crime under the POCSO Act cannot, by itself,
become a passport to defeat the legitimate claim of a parent for the
companionship or custody of a child. The Court has also
50
acknowledged the irreversible consequences that may follow
an unfounded accusation, for reputation once sullied, liberty
once curtailed and a parental bond once disrupted may not
be easily restored by an eventual acquittal.
31. The principles enunciated in STATE OF HARYANA v.
3
BHAJAN LAL would therefore assume significance, where the
allegations do not disclose an offence, or the offences alleged are
inherently improbable or the proceedings are demonstrably
actuated by an ulterior motive. These pronouncements do not
dilute, even in the slightest measure, the protection afforded to
children under the POCSO Act. They instead underscore the
necessity of distinguishing a genuine cry for protection from a
criminal accusation employed as an instrument of matrimonial
retribution.
32. The law cannot permit the innocence of a child to
become the battlefield upon which estranged parents wage
their wars of vengeance. Neither can it permit the solemn
shield of child protection to be converted into a sword of
3
1992 Supp. 1 SCC 335
51
personal vendetta . The paramount consideration must remain the
welfare of the child, and the paramount judicial obligation must
remain the preservation of justice, both for the child who may have
suffered abuse and for the person who may have been falsely
accused. It is on this touchstone that the allegations in the case at
hand must be examined.
33. The provisions invoked against the petitioners are
Sections 8 and 10 of the POCSO Act. Sections 8 and 10 of the
POCSO Act read as follows:
“ 8. Punishment for sexual assault .—Whoever,
commits sexual assault, shall be punished with imprisonment of
either description for a term which shall not be less than three
years but which may extend to five years, and shall also be
liable to fine.
… … …
10. Punishment for aggravated sexual assault .—
Whoever, commits aggravated sexual assault shall be punished
with imprisonment of either description for a term which shall
not be less than five years but which may extend to seven
years, and shall also be liable to fine.”
Section 8 prescribes punishment for sexual assault as defined under
Section 7, while Section 10 prescribes punishment for aggravated
sexual assault as contemplated under Section 9 of the POCSO Act.
A bare perusal of the complaint would reveal that not a solitary
52
instance, not a specific overt act, nor even the faintest
factual foundation is narrated which would prima facie
constitute the ingredients of the offences alleged. There is
nothing that can be called as ingredients of offences under Sections
8 and 10 of the POCSO Act.
34. The entire edifice of the accusation rests upon the medical
observation of redness and excoriation in the private parts of the
minor child, a clinical finding which the complainant/mother has
sought to transform into an allegation of sexual assault. What the
doctors have described as non-specific clinical findings, capable of
arising from a multitude of causes, is sought to be given the colour
of a grave sexual offence. The medical opinion is thus made to
speak what it does not say, and the silence of medical
science on the cause of the clinical findings is sought to be
filled by the suspicion of the complainant. Neither Dr. Bindu P.
nor Dr. Anuradha Sadashivamurthy, whose affidavits have been
placed before this Court pursuant to directions, have attributed the
findings to any act of sexual assault. Had the affidavits disclosed
any clinical circumstance lending support to the accusation, or had
53
the complaint narrated any specific act constituting the ingredients
of the offences alleged, the matter would have presented an
altogether different complexion, warranting investigation in
accordance with law. But the material placed before this Court
discloses no such foundation. It is the complainant/mother who
has drawn the inference of sexual assault and, upon that
inference, has sought to embroil not merely the husband,
who is the father of the child, but also his father, mother and
sister in the formidable web of criminal prosecution.
35. The chronology of events cannot be lost sight of. The
estranged spouses are locked in a bitter contest over the custody
and companionship of their minor daughter. The father secures
visitation rights under orders of competent Courts. The visitation
arrangement is thereafter sought to be curtailed on the strength of
allegations which subsequently become the foundation of the
criminal complaint. The medical findings, which constitute the
very substratum of the accusation, do not attribute the
symptoms to sexual assault. The complaint, on its face, does
not narrate the acts necessary to attract Sections 8 or 10 of
54
the POCSO Act. The other members of the husband's family are
drawn into the prosecution without any specific act being attributed
to them. These circumstances, when considered cumulatively and in
the light of the law declared by the Apex Court in ISHWAR CHAND
SHARMA and ‘R’ v. ‘E’ , render the continuation of the impugned
proceedings an abuse of the process of law.
36. The criminal law cannot be reduced to a means of
achieving indirectly what a litigant seeks to secure directly
in proceedings concerning custody and visitation. The
process of law is meant to advance justice, not to become
the punishment itself. In the peculiar and unmistakable
circumstances obtaining in the case at hand, this Court is of the
considered view that permitting further investigation against the
petitioners would amount to a manifest abuse of the process of law,
warranting its interdiction in exercise of the inherent jurisdiction of
this Court.
37. Before parting, it is necessary to observe that Section 22
of the POCSO Act itself recognises the mischief of false complaints
and false information furnished with the intention of humiliating,
55
extorting, threatening or defaming a person. The legislature, while
erecting a formidable protective edifice around children, has
simultaneously provided a safeguard against its deliberate misuse.
The protection of childhood and the prevention of malicious
prosecution are not competing objectives; they are complementary
obligations of a justice system founded upon fairness. Therefore, it
is open to the petitioners, if so advised, to initiate
appropriate proceedings under Section 22 of the POCSO Act ,
subject to satisfaction of the statutory ingredients and in
accordance with law. Any such proceedings shall necessarily be
considered on their own merits, uninfluenced by observations made
herein beyond the determination of the present lis . The law must
protect the child from abuse, the innocent from persecution
and the criminal justice system from being converted into an
arena for settling private scores .
38. For the aforesaid reasons, the following:
O R D E R
(i) Criminal petition is allowed .
56
(ii) FIR in Crime No.85 of 2026 registered by Malleshwaram
Police Station and pending before the Fast Track Special
Court-I, Bengaluru City stands quashed qua the
petitioners.
Consequently, I.A.No.2 of 2026 also stands disposed.
Sd/-
(M.NAGAPRASANNA)
JUDGE
Bkp
CT:MJ