Bombay HC Quashes POCSO FIR After Parties Agree To Rs. 1.5 Lakh MacBook Funding For Survivor’s Studies

The Bombay High Court has quashed a criminal case registered under the Protection of Children from Sexual Offences (POCSO) Act after recording that the dispute between the accused and the minor survivor, who are related as uncle and niece, arose out of a misunderstanding and had been amicably resolved, while directing the accused to deposit Rs. 1.5 lakh towards the purchase of a laptop for the girl’s education as a condition for relief.

The Court was dealing with a writ petition seeking quashing of an FIR registered at Chaturshrungi Police Station, Pune, for offences under Sections 8 and 12 of the POCSO Act along with Sections 74, 75 and 78 of the Bharatiya Nyaya Sanhita, 2023.

The chargesheet had already been filed and the case was pending before the lower court.

At the outset, the Bench interacted with the parties in Court; The accused was present and identified by his counsel.

The minor girl also appeared along with her parents and was identified through her advocate.

The Court took on record the identity documents of the parties for verification.

Counsel for both sides submitted that the complaint had been lodged due to a misunderstanding between the petitioner and the girl, who is his niece.

It was pointed out that the Judicial Magistrate First Class had already recorded the girl’s statement under the BNSS, in which she categorically stated that she had no grievance against her uncle.

The petitioner, on instructions, told the Court that he treated the girl like his daughter and did not wish for the criminal proceedings to continue.

The girl’s counsel, on instructions from her as well as her parents who were present in Court, confirmed that the matter had been settled and that the allegations stemmed from a misunderstanding.

The parents also endorsed the statement that the petitioner had always treated the child as his own.

An affidavit filed by the girl before the High Court registry was placed on record, in which she stated that she had no objection to the quashing of the proceedings and that the affidavit had been executed voluntarily and without any pressure or coercion.

In Court, she reiterated the same position in the presence of her parents.

The Additional Public Prosecutor, upon considering the statements made by the parties and the contents of the affidavit, submitted that no useful purpose would be served by continuing the prosecution.

However, she sought imposition of costs, pointing to the manner in which the criminal machinery had been set in motion.

Accepting the request for costs, the Court directed the petitioner to deposit Rs. 1.5 lakh in the registry within two weeks.

In a notable direction, the Court ordered that the amount be utilised for purchasing the latest version of a MacBook or laptop for the girl, in consultation with her, to aid her further studies.

Any balance amount remaining after the purchase is to be transferred to the High Court Employees Medical Welfare Fund.

While allowing the petition, the Court relied on the Supreme Court’s decisions in Gian Singh v State of Punjab, Narinder Singh v State of Punjab and Parbatbhai Aahir v State of Gujarat, which recognise the High Court’s power to quash criminal proceedings involving non-compoundable offences where the dispute is overwhelmingly private in nature and the continuation of prosecution would serve no purpose.

The Court held that in view of the settlement between the parties, the categorical stand of the girl and her parents, and the affidavit expressing her no-objection, there was no impediment to granting relief.

The FIR and the chargesheet were accordingly quashed, subject to payment of costs.

The matter has been directed to be listed for compliance to ensure that the amount is deposited and the direction regarding procurement of the laptop is carried out. 

Case Title: Mohan Maruti Jadhav v State of Maharashtra & Anr.

Bench: Justice Ashwin D. Bhobe

Date of Judgment: 13.02.2026