Making children pawns in matrimonial disputes is unfortunate: Supreme Court overturns Bombay High Court’s decision and quashes false POCSO case

The Supreme Court has expressed deep concern and displeasure over the extent to which false cases are being filed to settle personal grudges during family and matrimonial disputes and how innocent children are being made pawns in this process. Criticizing the stand of the Bombay High Court, the Supreme Court in a strong judgment has completely dismissed the false POCSO case registered against the aunt of a minor child. The court has clearly said that using children as weapons for personal gain and revenge is extremely shameful for both the society and the justice system. What is the whole matter and how was the conspiracy hatched? This entire sensitive matter is linked to a bitter divorce and a legal battle for the custody of children. A divorced mother had filed a case under the POCSO Act in the name of her own minor son against her own sister-in-law (i.e. the child’s aunt and father’s sister) making very serious allegations of sexual harassment. When the Supreme Court investigated this entire episode in depth, it came to light that this FIR was not based on any actual crime, but was merely fabricated with the intention of taking revenge in retaliation for another complaint lodged by the father. The court noted that when the husband and wife were divorced by mutual consent in September 2023, no such allegations were made and there was no corroboration of these sensational allegations in the statements of the child recorded before the magistrate. Strong reaction from Supreme Court and lawyers: Understanding the seriousness of the matter, Justice JB Pardiwala and Justice K. Vinod Chandran’s division bench completely quashed the FIR under POCSO and IPC sections lodged against the aunt at Pune’s Khadki police station. Renowned lawyer Sana Raees Khan, who was appearing during the court proceedings, told the court that this entire case is a complete abuse of the legal process. The Supreme Court also took strong exception to the decision of the Bombay High Court which had refused to dismiss this fake case without properly reviewing the records. The court bluntly said that when legal processes are used to seek mutual revenge, the judiciary cannot sit as a mute spectator. This historic decision has raised hopes of providing great relief to innocent relatives trapped in the web of family hatred and false complaints.