Exceptional Circumstances Cited; Court Balances Victim's Mental Well-being and Justice by Ordering Rs. 50,000 Donation and One-Month Community Service by Accused
Ahmedabad, September 1, 2026 - In a landmark decision, the Gujarat High Court, presided over by Justice M. K. Thakker, quashed an FIR registered at Vastrapur Police Station involving serious allegations under the POCSO Act, the Bharatiya Nyaya Sanhita (BNS), the Atrocity Act, and the Information Technology Act. The case concerned an incident where a minor girl was allegedly recorded on a mobile phone while changing clothes in a mall's fitting room.
The FIR, initially lodged in October 2025, accused Ravi Sureshbhai Prajapati of secretly recording the minor girl, an act that gravely infringed upon her privacy, dignity, and mental peace. The case had attracted wide attention due to the sensitive nature of the offence, involving the protection of a minor under the POCSO Act and use of technology for illegal purposes.
During the proceedings, the court considered affidavits submitted by the complainant (the victim's mother) and the victim's father, both affirming that the parties had amicably settled the dispute and expressed no objection to quashing the FIR and criminal proceedings. The victim's parents highlighted the adverse impact of the ongoing case on their daughter's mental health and educational performance, noting a decline in her studies from the 10th to 11th standard due to the emotional burden caused by the legal process.
The Court carefully examined the evidence, including statements recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), CCTV footage, and forensic analysis of the mobile phone. However, rather than dismissing the case outright due to the settlement, the Court emphasized the gravity of the offences and the need to uphold the victim's privacy and dignity.
Invoking its inherent powers under Section 528 of the BNSS, the Court quashed the FIR and all consequential proceedings against the applicant, subject to stringent conditions. The accused was required to furnish a sworn undertaking pledging no future involvement in criminal activity and to undertake community service for one month at the Civil Hospital, Ahmedabad. The Medical Superintendent of the hospital was directed to monitor and report on the accused's performance during the community service period.
In addition, the applicant was ordered to deposit Rs. 50,000 with the Court Registry, which would be transferred to Shishu Gruh, a child welfare organization in Ahmedabad, to be used exclusively for the benefit of children residing there. The organization must maintain transparent accounts and submit a detailed utilization report to the Court within four weeks of receiving the funds.
The Court also specifically prohibited the trial court from returning the mobile phone involved in the case to the accused, ensuring no further misuse or tampering with evidence.
This ruling reflects the Court's balanced approach to justice - protecting the victim's rights and mental health while also considering the rehabilitative prospects for the accused. It underscores the principle that continuation of criminal proceedings that no longer serve a useful purpose and adversely affect victims can be quashed, provided strict safeguards and remedial measures are imposed.
The decision also highlights the importance of safeguarding minors' privacy and dignity, especially in cases involving technology-facilitated offences.
Bottom Line:
FIR quashed under exceptional circumstances where the continuation of criminal proceedings served no useful purpose and amounted to abuse of the process of law, subject to strict compliance with conditions imposed by the Court.
Statutory provision(s):
Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023; Sections 11, 12, 18 of the POCSO Act, 2012; Section 3(2)(5-A) of the Atrocity Act; Section 67(A) of the Information Technology Act, 2000; Section 77 of Bharatiya Nyaya Sanhita, 2023; Section 183 of BNSS (for victim's statement)
Ravi Sureshbhai Prajapati v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 2972585
