Minor Son Sexually Abused By Father: Delhi High Court Says Matrimonial Discord Between Parents No Ground To Quash FIR

Dealing with a case where a minor boy was sexually abused by his own father, the Delhi High Court has observed that such cases cannot be treated as cases of matrimonial discord, as the child has his own individual constitutional right to get justice.

Justice Swarana Kanta Sharma added that it will be highly unfair to deny the child victim the right to get justice merely because the accused was his real father and that his parents had matrimonial discord.

The Court thus refused to quash an FIR registered against the father under Sections 10 and 12 of the Protection of Children from Sexual Offences Act.

The father was accused of inappropriately touching his minor son and sexually abusing him on multiple occasions over a period of three years. It was alleged that due to the his acts, the minor child started experiencing extreme night mares and emotional disturbances.

It was the prosecution's case that after the mother consulted a Child Psychologist regarding her son's condition, the doctor informed her that the minor had been molested by his father.

On the other hand, the father submitted that the FIR was based on false, fabricated and concocted facts due to the estranged relationship between him and his wife, who had used the minor son to satisfy her false ego. Therefore, he prayed that the FIR in question be quashed.

The petitioner also relied on a Supreme Court ruling wherein an FIR under POCSO Act was quashed in view of the fact that the victim girl had categorically denied all the allegations lodged by her mother against her father.

However, the Court was of the view that the case was not covered by the judgment as it was not satisfied that the allegations in the FIR could be held to be false or vindictive.

Perusing the statements given by the minor child to the police as well as the Magistrate, the High Court was of the view that the child had narrated specific incidents of sexual abuse, the manner in which they were committed including places, time and dates of the same.

"This Court while exercising its extra ordinary powers under Section 482 CrPC cannot hold a trial, appreciate evidence or decide that the statements given by the child to the police, to the Magistrate, and to the counselor, he was taken to, were tutored, false or motivated," the Court said.

It added "This Court remains conscious of the fact that such cases cannot be treated as cases of matrimonial discord but note that the child who is victim in this case has his own individual constitutional right to get justice in case he has been sexually abused. To deny the child victim the right to get such justice only because one of the parties involved happens to be his real father and his father and mother have matrimonial discord will be highly unfair."

However, the Court observed that the truthfulness of victim's statement will become clear only during the trial after his testimonies and those of other witnesses are recorded and examined after cross-examination.

Holding otherwise will amount to throttling the judicial proceedings and denying opportunity to get justice to the victim child, the Court said.

"Keeping in view the contents of the FIR along with supporting statements under Section 164 Cr.P.C. by the complainant, fact that charge-sheet has been filed, the contention of the learned counsel for the petitioner that the allegations are baseless and false in nature appears to be premature for the purpose of quashing the FIR," the Court said.

The plea was accordingly dismissed.

Title: X v. State of NCT of Delhi

Citation: 2022 LiveLaw (Del) 897

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