“Supreme Court stays FIR against mother for allegedly making false accusation of Father sexually abusing 3-year-old child.”
September 12, 2024 2025-02-28 14:37“Supreme Court stays FIR against mother for allegedly making false accusation of Father sexually abusing 3-year-old child.”
“Supreme Court stays FIR against mother for allegedly making false accusation of Father sexually abusing 3-year-old child.”
By Sunidhi Gupta.
In a recent order, the Supreme Court of India addressed significant issues surrounding the stay of observations made by a High Court and the consequent registration of an FIR under the Protection of Children from Sexual Offences Act (POCSO). The case stems from an impugned final judgment and order dated 22-07-2024 in CRLMC No. 5582/2016 passed by the High Court of Kerala at Ernakulam. The petitioner filed a Special Leave Petition (Criminal) No. 12174/2024 in the Supreme Court, challenging this order. Following observations made by the High Court, FIR No.680/2024 dated 26.08.2024 was registered against the petitioner at Police Station Mangalapuram, Thiruvananthapuram Rural. The FIR was filed under Section 22 of the POCSO Act, read with Section 117 of the Kerala Police Act.
After hearing the learned senior counsel for the petitioner on interim prayers, the Court issued the Notice to the respondents. The petitioner’s counsel was permitted to serve the standing counsel for the second respondent-State. The observations made in the impugned High Court order were stayed until further orders. Consequently, further proceedings relating to FIR No.680/2024 were also stayed until further orders.
The Court’s order demonstrates a careful balancing act between the rights of the accused and the need for investigation in POCSO cases. By staying the observations and the FIR proceedings, the Court has ensured that the petitioner’s rights are protected while the matter is under consideration. By granting interim relief, the Court has prevented potential harm to the petitioner’s reputation and legal standing while the matter is being fully heard.
[Case Title: XXXX v. XXXX & Anr. SLP NO. 12174/2024]
