The Gujarat High Court quashed a POCSO FIR lodged against a man booked for video recording a minor girl while she was inside a changing room, while directing him to do one month community service at a hospital as well as deposit Rs. 50,000 with a children's home.

After taking note of submissions by the parties, Justice MK Thakker in her order directed:

"...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 court further directed the medical superintendent to file a report stating whether the applicant remained present regularly and performed the assigned duties satisfactorily throughout the period of community service.

The court further directed the applicant to deposit Rs.50,000 with the court's Registry which shall be transferred to a children's home in Ahmedabad, within a period of 10 days, which is to be utilised exclusively for the welfare, care, education and other legitimate needs of the children living there.

The complainant, the girl's mother, had alleged that when her daughter was trying clothes inside a showroom's changing room in a Mall, she noticed a mobile phone lying on the floor of the room on which video recording was found to be switched on.

When the parents came to know of it they called the floor manager and informed him about the mobile phone. At that time the applicant, approached the father and demanded the mobile phone, stating that it had fallen while he was changing clothes in the adjoining room. The father inquired as to why the video recording was switched on but no satisfactory explanation was given, the police was called and ultimately an FIR under various provisions including sexual harassment of child under POCSO Act was lodged.

"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," the court noted.

The Court interacted with the parents of the girl and inquired with regard to their consent for quashing of the FIR. In response, the parents informed that the pendency of the criminal proceedings had adversely affected the education of their daughter.

"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," the order notes.

The Court perused the material collected during the course of investigation, which includes the statement of the girl, the CCTV footage, and the FSL report pertaining to the mobile phone, from which the video in question was retrieved.

The Court said that it was not inclined to quash the FIR in a perfunctory manner; however keeping in view the settled legal position recognizing the minor girl's right to privacy, dignity and closure, and while exercising the inherent powers under Section 528 BNSS in proceedings involving non-compoundable and serious offences, the Court directed the applicant to furnish an undertaking.

In the undertaking the applicant said that he had no criminal antecedents and in future also he would nowhere directly or indirectly indulge/involve himself in any such kind of criminal activity or offence. He also undertook to abide by terms and conditions which may be imposed by the Court.

"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," the court said.

Taking note of the applicant's undertaking furnished before the court, the court said that he will remain bound by the same and in event of any breach the complainant can seek revival of FIR.

The plea was allowed.

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

R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 17558 of 2026

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