Bombay High Court

VIDYA MADHUKAR BHAVSARversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF

Holding

Section 19 of the POCSO Act does not apply to the petitioner, and the petition for quashment of the FIR and charge‑sheet is allowed.

Summary

The petitioner, Vidya Madhukar Bhavsar, a grandmother, filed a criminal writ petition seeking quashment of FIR No. 154/2021 and charge-sheet concerning alleged sexual abuse of her step‑daughter by the stepfather. The victim, now 20, alleged the abuse occurred on her 18th birthday, but the petitioner argued she was never informed of any such incident during the victim's minority, rendering Section 19 of the POCSO Act inapplicable. The State and the appointed counsel for the second respondent could not demonstrate that the petitioner had knowledge of the offence while the victim was a child. The court held that Section 19, which imposes a mandatory reporting duty, does not apply, and therefore the petitioner cannot be compelled to face criminal trial. Consequently, the petition was allowed, quashing the FIR and charge‑sheet.

Issues considered

Whether Section 19 of the Protection of Children from Sexual Offences Act applies to the petitioner in the present case.
Whether the FIR and charge‑sheet can be quashed on the ground of non‑applicability of mandatory reporting provisions.

Legislation cited

Indian Penal Code, 1860 — s. 323, 34, 376, 504, 506
Protection of Children from Sexual Offences Act — s. 12, 18, 19

Subjects

quashment
FIR
mandatory reporting
POCSO Act
Section 19
sexual abuse
rape
legal aid

Judgment

2026:BHC-AUG:41530-DB
                                                                      960-CWP-30-2024.odt



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                         960 CRIMINAL WRIT PETITION NO. 30 OF 2024

                                     Vidya Madhukar Bhavsar
                                            VERSUS
                              The State Of Maharashtra And Another

          Mr. H. P. Randhir, Advocate for the Petitioner
          Mrs. R. P. Gour, APP for Respondent No. 1/State
          Mr. J. S. Jain, Advocate for Respondent No. 2 (appointed)

                                                          CORAM :R.M. JOSHI, J
                                                          DATE  :SEPTEMBER 08, 2026

          P. C. :

          1.            By this Petition, Petitioner seeks quashment of the FIR No.

          154/2021 registered with Police Station Ramanand Nagar, District Jalgaon

          for the offences punishable under Sections 376, 323, 504, 506 read with

          Section 34 of the Indian Penal Code and Sections 12 and 18 of the

          Protection of Children from Sexual Offences Act (for short ‘POCSO Act’) and

          charge-sheet no. 35/2021 dated 26.07.2021 in Special Case No. 91/2021.


          2.            First informant/victim aged about 20 years who alleged against

          her stepfather of he sexually abusing her. The first information report

          indicates that on her 18th birthday, she was subjected to forcible sexual

          relation by her stepfather. It is claimed that this was disclosed to present

          Petitioner, who is grandmother of the victim. She, however, fails to take any

          action.



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                                                           960-CWP-30-2024.odt



3.           Learned Counsel for the Petitioner submits that the provisions

of POCSO Act qua present Petitioner has no application. It is his submission

that it is not the case of the Informant/victim that at any point of time

during her minority she has disclosed about any act being done against her

by her stepfather. It is his submission that in view of this, provisions of

Section 19 of the POCSO Act has no application to the present case.


4.           Learned APP and learned Counsel for Respondent No. 2 though

opposed grant of any relief to the Petitioner, however, on facts they were

unable to point out anything to indicate that during minority of the victim

any incident is reported.


5.           Section 19 of the POCSO Act makes it an offence wherein any

person who has knowledge or apprehension that a child sexual abuse

offense has been or is likely to be committed must report it immediately to

the authorities mentioned therein. In so far as present Petitioner is

concerned, there is no case sought to be made out by the prosecution with

regard to anything informed to her by the Informant during her minority.

Thus, this Court find substance in the contention of learned Counsel for the

Petitioner that Section 19 of POCSO Act has no application to the present

case. As such, Petitioner cannot be compelled to undergo rigors of the

criminal trial.




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                                                            960-CWP-30-2024.odt



6.            In view of above, Petition stands allowed in terms of prayer

clause ‘B’.


7.            Fees of appointed Counsel for Respondent No. 2 is quantified @

Rs.10,000/- to be paid by High Court Legal Aid Services Sub-Committee,

Aurangabad.


                                                    (R. M. JOSHI, J.)
Malani




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