Supreme Court quashes false POCSO FIR in custody battle, sets safeguards

The case concerns a dispute over the custody of a minor child between the father (Appellant) and mother (Respondent), and the Supreme Court's decision to quash a false First Information Report (FIR) filed against the father under the POCSO Act and other laws, while laying down safeguards to prevent the misuse of such laws in child custody battles.

Who it concerns: Appellant: 'R' (Father); Respondents: 'E' (Mother) & Anr.; Bench: Justice K. V. Viswanathan.

What the court decided

• Names of parties redacted except for the first alphabet.
• The Court quashed the false FIR (No. 76/2024) filed against the father and his family members.
• The Court laid down safeguards to check the growing menace of false accusations under the POCSO Act in child custody cases.
• The Court noted that the custody of the child 'M' was handed over to the father on 07.06.2023.

Also in the document

• The judgment is marked as 'REPORTABLE'.
• The Court observed that false accusations of sexual assault by one parent against the other are on the rise and can damage the parent-child relationship.
• The Court noted that legal professionals sometimes fuel these disputes by pursuing a 'win at any cost' approach.
• The High Court had previously dismissed the mother's appeal and directed the handover of the child to the father, with specific visitation rights granted to the mother.