The Gujarat High Court quashed a First Information Report filed under the Protection of Children from Sexual Offences Act against an individual accused of video recording a minor girl while she was inside a changing room at a showroom in a mall. The court’s order, passed by Justice MK Thakker, came after reviewing the allegations, investigation materials and submissions from the parties involved.
The complainant, the mother of the minor girl, stated that she noticed a mobile phone lying on the floor of the changing room with video recording activated when her daughter was trying on clothes. Upon informing the floor manager, the accused approached the father and claimed the phone had fallen while he was changing clothes in an adjacent room. When questioned about why the recording was active, no satisfactory explanation was provided, leading to the involvement of police and the registration of an FIR under provisions including sexual harassment of a child under the POCSO Act.
The court observed that the allegations disclosed a serious compromise of the minor’s dignity and privacy, indicating a sinister motive behind the use of the mobile phone to record the girl while she was changing clothes in a private space. Despite acknowledging the gravity of the allegations, the court noted that it was not inclined to quash the FIR in a perfunctory manner.
During proceedings, the court interacted with the parents of the minor girl and learned that the pendency of criminal proceedings had adversely affected their daughter’s education and mental well-being. The parents informed that she was a meritorious student whose performance in the 10th Standard had suffered due to the incident, and that the continuation of the case had caused her considerable emotional burden. They expressed a desire to move forward to safeguard her future prospects, including further education and eventual marriage.
The court examined the material collected during investigation, including the statement of the girl, CCTV footage and the Forensic Science Laboratory report pertaining to the mobile phone from which the video was retrieved. In exercising its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, the court determined that quashing the FIR would be appropriate only if coupled with measures ensuring accountability and reflection.
Accordingly, the court directed the accused to undertake community service for a period of one month at the Civil Hospital, Asarwa, Ahmedabad, from 10 September 2026 to 9 October 2026. He was required to report to the Medical Superintendent, who would assign appropriate duties. Upon completion, the Medical Superintendent must issue a certificate confirming satisfactory completion and forward it to the Registrar General of the court. Any absence, default or misconduct during the community service period must be immediately reported to the court, which may result in revival of the FIR.
The court further directed the medical superintendent to file a report stating whether the applicant remained present regularly and performed assigned duties satisfactorily throughout the community service period. Additionally, the accused was directed to deposit Rs 50,000 with the court’s Registry within ten days, to be transferred to a children’s home in Ahmedabad for the welfare, care, education and other legitimate needs of the children residing there.
The court emphasized that the direction for community service and financial deposit was made in recognition of the minor girl’s right to privacy, dignity and closure, and to allow the complainant to move forward without the ongoing burden of criminal proceedings affecting her future.