Can a POCSO FIR Be Quashed with Community Service? Gujarat High Court Decides in Changing Room Case

Can a POCSO FIR Be Quashed with Community Service? Gujarat High Court Decides in Changing Room Case

Case Title: RAVI SURESHBHAI PRAJAPATI v/s STATE OF GUJARAT & ANR

Coram: Justice MK Thakker

Court Observation

“…this Court is of the opinion that it would be appropriate to direct the applicant to undertake community service as a measure of accountability and reflection. Accordingly, the applicant is directed to perform community service for a period of one month at the Civil Hospital, Asarwa, Ahmedabad, from 10.09.2026 to 09.10.2026. The applicant shall report to the Medical Superintendent, Civil Hospital, Asarwa, Ahmedabad, who shall assign appropriate duties to the applicant. On completion of the aforesaid period, the Medical Superintendent shall issue a certificate confirming satisfactory completion of the community service and shall also forward the same to the Registrar (General) of this Court. In the event of any absence, default or misconduct on the part of the applicant during the course of the community service, the same shall be immediately reported to this Court for appropriate orders, including revival of the FIR”.

“The allegations made in the FIR are undoubtedly serious in nature and disclose an act compromising the dignity and privacy of a minor child. The allegations further disclose a potent indication of the sinister undercurrent behind the use of the mobile phone, particularly in the context of the video recording of the minor girl while she was changing her clothes in the privacy of the changing room,”

“She was a meritorious student, however, owing to the present incident, her performance and result in the 10th Standard were adversely affected. It was further informed that the incident had a serious impact on the mental well-being of the school-going minor and that the continuation of the criminal proceedings has caused her considerable emotional burden. It is submitted that, keeping in view her future prospects, including her further education and eventual marriage, the complainant has decided to move forward and put this chapter behind her,”

“In view of the aforesaid exceptional circumstances and subject to strict compliance with the directions issued herein-above, this Court is of the opinion that continuation of the impugned criminal proceedings would serve no useful purpose and would amount to an abuse of the process of law and deserves to be quashed and set aside,”

Can a POCSO FIR Be Quashed with Community Service? Gujarat High Court Decides in Changing Room Case