The Supreme Court has quashed a POCSO case filed against a woman named as the paternal aunt of twin children, ruling that the complaint was riddled with holes and appeared to be part of a bitter family fight following a divorce.
Background of the Case
The case, arose from a bitter custody battle. The children's parents had divorced by mutual consent in September 2023, with the father getting custody and the mother getting visitation rights.
According to the FIR, the mother alleged her son was being sexually harassed by his paternal aunt, claiming she had witnessed an incident herself and had complained to her husband without any response. What stood out to the court was the timing.
The FIR was filed on March 17, 2024, just hours after the father had lodged an almost identical complaint accusing the boy's maternal uncle of a similar offence against the twin sister.
Court's Observations
A bench of Justices J.B. Pardiwala and K. Vinod Chandran did not hold back in its remarks. The judges noted that a Division Bench of the Bombay High Court had earlier stayed proceedings after finding the mother's complaint lacked substance, especially since the boy's own statement recorded before a magistrate under Section 164 CrPC did not support the allegations at all.
Despite this, a later Division Bench cleared the case for trial without examining that earlier record.
The bench observed that the FIR, "on a plain reading does not inspire confidence."
It further noted that no such allegation had ever been raised during the divorce proceedings, and that the mother had failed to appear in court despite being served notice.
The Decision
Calling the situation a case of children being used as pawns in marital discord, the Supreme Court held that there was no reason to subject the appellant to a trial.
The FIR registered under Section 354 IPC and Section 8 of the POCSO Act at Khadki Police Station, Pune, was quashed, and the appeal was allowed.
Case Details:
- Case Title: A. A. S. v. State of Maharashtra & Anr.
- Case Number: SLP (Crl.) No. 2163 of 2025 / Criminal Appeal (arising therefrom), 2026
- Judges: Justice J.B. Pardiwala and Justice K. Vinod Chandran
- Decision Date: July 23, 2026
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