Delhi HC Quashes POCSO Case, Orders Community Service, Rs 50K Fine To Army Fund

While taking note of the serious nature of the allegations, the Delhi High Court recently quashed a POCSO case against a man accused of harassing and threatening a minor schoolgirl, after noting that both parties had opted to settle the matter.

A bench led by Justice Sanjeev Narula ordered the man to perform one month of community service at Lok Nayak Jai Prakash Narayan Hospital.

The court also asked the petitioner to deposit Rs 50,000 towards the Army Welfare Fund Battle Casualties.

The court was dealing with a plea filed by Zihad Ahmed seeking quashing of the First Information Report (FIR) booked for offences of IPC 354 354, 384, 506, 509, 34, and sexual harassment under Section 12 of the POCSO Act.

The complainant and petitioner were acquainted as schoolmates in 2016. The two started talking on Instagram and developed a personal relationship, after which the petitioner asked her to share private photographs. Later, the petitioner used those photos to extort money from her. One of the petitioner’s friends also hacked the girl's Instagram ID and posted those pictures on her ID. The FIR was later filed when the girl's mother came to know about the mishap.

Before the High Court, it was the petitioner’s case that both parties had amicably resolved their disputes. A Settlement Deed dated 6th May 2025 was executed, wherein the complainant stated that she had no objection to the quashing and had received no monetary compensation.

The complainant, in her statement, confirmed the same after noting that the settlement was entered into voluntarily, without any pressure, coercion, or undue influence.

Taking note of the submissions, the court said, "The allegations in the FIR are undoubtedly serious, involving the harassment of a minor girl, through exploitation. The facts narrated disclose a pattern emblematic of the darker undercurrents of the social media age, where technology is misused to exert control, induce fear, and compromise dignity."

While initially the court was not inclined to quash the FIR in a perfunctory manner. However, after detailed interaction with the complainant and her mother, it noted that they had consciously chosen to move on from the incident.

"They expressed that the Complainant is currently exploring matrimonial prospects and that the pendency of a criminal case may result as a serious impediment to her future opportunities and personal relationships. Her mother specifically submitted that ongoing criminal proceedings of this nature are likely to create social stigma and could undermine the family’s efforts to secure a suitable match for the Complainant," the court said.

While acknowledging that the offences are of a serious nature, the court said that the law also recognises the victim’s right to privacy, dignity, and closure.

It observed that under Section 528 BNSS, proceedings involving non-compoundable offences may be quashed where the parties have voluntarily and meaningfully settled the dispute, and where continuation of the prosecution would serve no useful purpose and would instead prolong trauma.

Having observed so, the court accordingly proceeded to quash the FIR.

Case Title: ZIHAD AHMED versus STATE NCT OF DELHI AND ANR