Gujarat HC Quashes POCSO Case Against Man After Settlement, Orders One Month Community Service

The Gujarat High Court has quashed an FIR and all consequential proceedings against a man accused of secretly recording a 14-year-old girl in a trial room at an Ahmedabad mall, after considering the minor’s privacy, dignity and mental well-being.

A Single Judge Bench allowed the accused’s quashing petition after the victim’s parents submitted affidavits expressing their consent to settle the matter. The court, however, made it clear that the serious nature of the allegations prevented it from quashing the case in a routine manner.

The FIR was registered at Vastrapur Police Station following an incident in October 2025. The case invoked provisions of the Bharatiya Nyaya Sanhita (BNS), Information Technology Act, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and the Protection of Children from Sexual Offences (POCSO) Act.

According to the case, the 14-year-old girl discovered a mobile phone placed on the floor of a changing room at the mall and suspected that she had been secretly recorded.

Court Considers Minor's Mental Health

During the proceedings, the High Court interacted with the victim’s parents. They told the court that the continuing criminal proceedings had adversely affected their daughter’s mental health and academic performance, particularly while she was preparing for her Class 10 examinations.

The family told the court that they wanted to prioritise the girl’s emotional recovery and future and had agreed to put the incident behind them.

The court referred to the victim’s right to privacy, dignity and closure while exercising its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in a case involving non-compoundable and serious offences.

Community Service, ₹50,000 Penalty

While quashing the proceedings, the High Court imposed conditions on the accused.

He has been directed to undertake one month of compulsory community service at Civil Hospital, Asarwa, from September 10 to October 9, 2026.

The accused has also been ordered to deposit ₹50,000, which will be transferred to Shishu Gruh child shelter home in Paldi.

He submitted an undertaking before the court promising that he would not become involved in any criminal activity in the future.

The court also directed that the mobile phone connected with the case should not be returned by the trial court.

The High Court warned that any misconduct or violation of the conditions could lead to the revival of the criminal proceedings.