Background
The appellant, the paternal aunt of twin children, was booked under Section 354 IPC and Section 8 of the POCSO Act on the basis of an FIR lodged by the children’s divorced mother. The mother alleged that the aunt was sexually molesting her son.
The FIR was filed just hours after the father (appellant’s brother) had lodged a similar complaint against the maternal uncle concerning the twin sister. The parents had obtained a mutual consent divorce in September 2023, and the children were in the father’s custody with visitation rights to the mother.
Supreme Court’s Observations
The Court strongly deprecated the practice of dragging in-laws into marital disputes and using children as tools to settle scores.
Key Findings:
- No allegation of sexual harassment was raised during the divorce proceedings or at any earlier point.
- The boy’s statement recorded under Section 164 CrPC before the Magistrate clearly indicated that no such assault had occurred.
- An earlier Division Bench of the Bombay High Court had already stayed the proceedings after finding the complaint prima facie without substance.
- The final Division Bench of the High Court, despite noticing the earlier order and the startling nature of the allegations, failed to examine the FIS and the Section 164 statement and directed the appellant to face trial merely because cross-complaints existed.
Decision
The Supreme Court quashed FIR No. 100/2024 registered at Khadki Police Station, Pune, and all consequential proceedings.
“In the totality of the circumstances, we are of the opinion that there is absolutely no reason why the petitioner should be subjected to a trial…”
Significance
- Protects individuals from false and motivated POCSO complaints arising out of marital disputes.
- Emphasizes the duty of High Courts to carefully examine material on record (especially Section 164 statements) before directing trial in sensitive cases.
- Reiterates that criminal process should not be used as a tool for personal vendetta.
Case Title: X v. State of Maharashtra & Anr.
Criminal Appeal @ SLP (Crl.) No. 2163 of 2025
Bench: Justices J.B. Pardiwala & K. Vinod Chandran
Date: 23 July 2026
Click HERE for full Judgment.
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