Gujarat High Court Quashes POCSO FIR After Accused Undertakes Community Service and Pays ₹50,000 to Child Welfare Home

The applicant sought quashing of FIR C.R. No. 11191020250468 of 2025 registered at Vastrapur Police Station, Ahmedabad, alleging offences under Section 77 of the Bharatiya Nyaya Sanhita, Sections 11, 12 and 18 of the POCSO Act, Section 3(2)(5-A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and Section 67(A) of the Information Technology Act, invoking Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The FIR arose after the 14-year-old victim discovered a mobile phone recording video inside a clothing-changing room at a mall; the applicant claimed that the phone had fallen while he was changing clothes in an adjoining room, but could not provide a satisfactory explanation for the recording.

The investigation resulted in a charge-sheet, and Special POCSO Case No. 109 of 2025 was pending before the Special Court.

The complainant and the victim’s father filed affidavits stating that the dispute had been settled and that they had no objection to quashing the proceedings.

The Court also considered the victim’s educational and emotional difficulties allegedly caused by the pendency of the proceedings, the victim’s statement under Section 183 of the BNSS, CCTV footage, and the FSL report relating to the mobile phone.

Whether the High Court should exercise its inherent jurisdiction under Section 528 of the BNSS to quash the FIR and consequential proceedings involving non-compoundable offences under the POCSO Act, the IT Act, the BNS and the Atrocities Act merely because the parties have settled the dispute?

Whether, on an examination of the allegations and investigation material on merits, continuation of the criminal proceedings would amount to an abuse of the process of law?

Whether quashing could appropriately be made subject to undertakings, community service, monetary contribution and safeguards concerning the seized mobile phone?

The Court applied Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which preserves the High Court’s inherent power to prevent abuse of the process of any court and to secure the ends of justice.

It recognised that serious and non-compoundable offences, particularly those under the POCSO Act, the Information Technology Act and Section 77 of the BNS, should not ordinarily be quashed solely on the basis of a private settlement; the Court must independently examine the allegations and the investigation material.

The Court further proceeded on the principle that, in exceptional circumstances, the victim’s privacy, dignity, mental well-being and legitimate desire for closure may be relevant considerations while exercising inherent jurisdiction.

The relief could be conditioned upon undertakings and restorative or accountability-oriented directions, including community service and a monetary deposit, with breach or default potentially resulting in revival of the FIR.

The Court did not accept the settlement as an automatic basis for quashing because the allegations concerned the recording of a minor girl while she was changing clothes, thereby implicating her privacy and dignity and attracting serious statutory offences.

It therefore examined the material collected during investigation, including the victim’s statement, CCTV footage and FSL report confirming retrieval of the relevant video from the mobile phone.

After interacting with the victim’s parents, the Court considered the reported adverse impact of the proceedings on the victim’s education and mental well-being, as well as the family’s informed decision to seek closure.

Balancing the seriousness of the allegations against these exceptional circumstances and the absence of any stated criminal antecedents, the Court concluded that continuation of the proceedings would serve no useful purpose and would constitute an abuse of the process of law.

To ensure accountability and secure compliance, it accepted the applicant’s undertaking, directed one month of community service, required a deposit of Rs. 50,000 for the welfare of children at Shishu Gruh, and retained consequences for breach or misconduct.

The quashing was subject to the applicant’s undertaking, completion of community service at Civil Hospital, Asarwa, Ahmedabad, from 10 September 2026 to 9 October 2026, and deposit of Rs. 50,000 with the Registry for transfer to Shishu Gruh, Paldi, Ahmedabad.

The Trial Court was directed not to return the mobile phone to the applicant.

Any absence, misconduct or breach of the undertaking could be reported to the High Court and could result in appropriate orders, including revival of the FIR.