Delhi High Court Quashes POCSO FIR, Citing Victim’s Right to Privacy and Future Prospects; Orders Accused to Perform Community Service

Case Summary:

In a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the accused sought quashing of an FIR registered under Sections 354, 354C, 506, 509, 384, 34 IPC and Section 12 of the POCSO Act, 2012. Justice Sanjeev Narula allowed the quashing, noting the victim’s clear wish to move on, citing emotional and social burdens caused by the case’s pendency.

Background:
In 2016, the victim, a minor, developed a relationship with the accused, a senior schoolmate. Under repeated pressure, she shared private photos via Instagram in March 2017. After they stopped communicating in May 2017, the accused allegedly demanded Rs- 6,000 in February 2018, threatening to circulate the photos. The victim paid under duress. Later, another student (‘A’) also extorted money and took her bank passbook. In August 2019, the victim disclosed the events to her mother, prompting the FIR’s registration.

Court’s Findings:
The FIR disclosed serious allegations of coercion and exploitation of a minor. However, after interacting with the victim and her mother, the Court acknowledged their desire for closure, especially given social stigma and matrimonial concerns. The Court emphasized the balance between prosecuting such offences and respecting the victim’s privacy and dignity.

Despite the gravity of the charges, the Court held that continuing the prosecution would not serve public interest, considering the victim’s express wishes. The accused denied possessing any photos and the Court warned he would be bound by this statement. If the images reappear, the FIR may be revived.

Directions:

• Community Service: Accused must serve at Lok Nayak Jai Prakash Narayan Hospital from 1–30 June 2025. Any default or misconduct must be reported to the SHO and APP for possible FIR revival.
• Costs: Rs- 50,000 to be deposited in the Army Welfare Fund Battle Casualties within three weeks; receipt to be filed with the Registry.
• No Contact: Accused must not contact the victim or her family in any manner.

Case title- X v. State (NCT of Delhi), CRL.M.C. 3406 of 2025, decided on 27-5-2025