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2026 INSC 1049 • Supreme Court of India

R v. E

“False POCSO Allegations in Custody Battles: Supreme Court Quashes FIR After CBI Probe and Lays Down Safeguards Against Hasty Arrests”

24 September 2026Justice J.B. Pardiwala, Justice K.V. Viswanathan
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TL;DR

In a custody dispute between estranged parents (names redacted to initials, with the child referred to as M), the Supreme Court quashed FIR No. 76/2024, registered under Section 10 of the POCSO Act, Section 75 of the JJ Act and Sections 323, 504, 506 read with 34 IPC against the father and three family members, after a CBI-led committee with NIMHANS experts concluded that the allegations were not made out and the matter was not fit for prosecution. The Court held that the welfare of the child was best served by custody with the father, upheld the Family Court and High Court custody orders, remitted the matter to the Family Court for phased reintegration of the child with the father, quashed the earlier FIR No. 165/2018 and the charge sheet, terminated a fresh guardianship petition and closed the contempt petition. In paragraphs 47-77 the Court also laid down safeguards for POCSO complaints against a parent or co-resident family member where a matrimonial dispute exists, including engagement of a child and adolescent psychiatry or clinical psychology expert before arrest or cognizance.

The Bottom Line

POCSO is a protective law and must remain stringent, but it cannot be used as a weapon in custody battles. The Supreme Court accepted a CBI investigation report finding the allegations unreliable, quashed the case against the father, and directed that in future POCSO cases against a parent or co-resident relative where the parents are in a matrimonial dispute, investigators and Special Courts should consult a qualified child psychiatry or psychology expert before arrest or taking cognizance, while retaining their own discretion.

Case Timeline

The journey from FIR to Supreme Court verdict

event
1 Jan 2011

Marriage (year only)

The Husband and Wife married in 2011, a second marriage for both; a child was born in 2015.

event
2 Apr 2018

Wife Leaves Matrimonial Home with Child

After misunderstandings that began in 2017, the Wife left with the child. The Husband filed a guardianship petition on 24.04.2018.

filing
5 Jun 2018

FIR No. 165/2018 Registered

The Husband's complaint led to an FIR against the Wife and another person under IPC and JJ Act provisions. A divorce petition followed on 07.07.2018.

order
3 Mar 2022

Family Court Grants Custody to Father

The Family Court allowed the Husband's guardianship petition and directed handing over custody of the child to him.

judgment
31 Jan 2023

High Court Dismisses Mother's Appeal

The Karnataka High Court confirmed custody with the Father in MFA No. 2786 of 2022 and granted visitation rights to the Mother.

order
29 Mar 2023

Supreme Court Dismisses Mother's SLP

The Mother's special leave petition against the High Court judgment was dismissed when she did not appear.

order
7 Jun 2023

Custody Handed to Father

The High Court allowed the Father's habeas corpus petition and custody was handed over on the same day.

filing
28 Mar 2024

FIR No. 76/2024 Registered

The Mother lodged an FIR alleging POCSO and other offences against the Father and family members.

order
1 Oct 2024

Criminal Proceedings Stayed; Child Stays with Mother

After interacting with the parties and the child, the Supreme Court stayed the criminal proceedings and allowed the child to reside with the Mother.

order
7 Apr 2026

CBI Directed to Take Over Investigation

The Supreme Court directed the CBI to investigate through a committee including a renowned lady psychologist, in view of the sensitivity of the issue.

event
13 Jul 2026

CBI Final Report

The CBI submitted its Final Report, concluding that the allegations were not made out and the matter was not fit for prosecution.

judgment
24 Sept 2026

Supreme Court Delivers Judgment

The Court quashed FIR No. 76/2024 and FIR No. 165/2018, held custody with the Father and laid down safeguards for POCSO complaints in matrimonial disputes.

The Story

The Husband ('R') and the Wife ('E') married in 2011, a second marriage for both. A child, 'M', was born in 2015. Serious misunderstandings arose from 2017, and on 02.04.2018 the Wife left the matrimonial home with the child. On 24.04.2018 the Husband filed a guardianship petition under Section 25 of the Guardians and Wards Act, 1890 (G & WC No. 128/2018) before the Family Court, Bengaluru. FIR No. 165/2018 dated 05.06.2018 was registered on his complaint against the Wife and another person under Sections 420, 497, 109, 504, 506, 418 read with 34 IPC and Sections 75 and 87 of the JJ Act. On 07.07.2018 he also filed a divorce petition under Section 13(1)(1-A) of the Hindu Marriage Act, 1955 on grounds of cruelty and adultery.

On 03.03.2022 the Family Court allowed the guardianship petition and directed the Wife to hand over custody of the child, then aged 7, to the Husband. The Karnataka High Court dismissed her appeal (MFA No. 2786 of 2022) on 31.01.2023, granting her visitation rights. Her special leave petition was dismissed by the Supreme Court on 29.03.2023, and the Family Court granted the divorce on 25.03.2023. On 07.06.2023 the High Court allowed the Father's habeas corpus petition (W.P.H.C. No. 30 of 2023) and custody was handed over to the Father the same day. Multiple proceedings alleging violence were then filed by the Mother, all of which stand closed except the FIR in question.

The High Court modified visitation by order dated 14.12.2023, against which the Father filed the Civil Appeal arising out of SLP (C) No. 1092 of 2024. While that was pending, the Mother lodged FIR No. 76/2024 on 28.03.2024 at Jayaprakash Nagar Police Station, Bengaluru, alleging offences under Section 10 of the POCSO Act, Section 75 of the JJ Act and Sections 323, 504, 506 read with 34 IPC against the Father and his family members, based on alleged sexual harassment of the child in February 2024. On 22.07.2024 the Supreme Court directed the investigation to be handled by a Senior Woman Police Officer and the child to be examined by a panel of three doctors. On 01.10.2024 the criminal proceedings were stayed and the child was permitted to stay with the Mother. On 07.04.2026 the Court directed the CBI to take over the investigation through a committee headed by an officer not below the rank of DIG, including a well-renowned lady psychologist. The CBI submitted its Final Report on 13.07.2026, judgment was reserved on 17.07.2026, and the parties surrendered their passports.

Legal Issues

Click each question to reveal the Supreme Court's answer

1Question

Whether FIR No. 76/2024 under the POCSO Act and other provisions against the Father and family members should be allowed to proceed in light of the CBI Report?

Tap to reveal answer
1SC Answer

No. After considering the CBI Report, which found the child's testimony unreliable and the allegations not made out, the Court held that proceeding further would be a gross abuse of process and quashed FIR No. 76/2024 (re-numbered as CBI Case RC0352026S0003). It found that the FIR was registered only to lay a foundation to take custody back to the Mother.

Shows the Court quashing a POCSO case after a thorough expert-assisted investigation where the allegations arose against the backdrop of a custody dispute.

2Question

What custody arrangement serves the best interest of the child?

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2SC Answer

The Court held that applying the welfare of the child principle (from Rosy Jacob v. Jacob A. Chakramakkal onwards), the child's welfare would be best served in the custody and guardianship of the Father, finding no good ground to differ from the Guardianship Court's order, which was sustained up to the Supreme Court. Because physical custody had been with the Mother since 24.03.2024, it directed phased reintegration through the Family Court advised by an expert committee.

Balances the welfare principle with the child's sensitive situation by prescribing a supervised reintegration process.

3Question

What safeguards should apply where a POCSO offence is alleged against a parent or co-resident family member and a matrimonial dispute exists between the parents?

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3SC Answer

The Court laid down that where both threshold conditions are met, the investigating officer or the Special Juvenile Police Unit shall engage an expert in child and adolescent psychiatry or clinical psychology, in consultation with the DCPU or DLSA, to aid the investigation before deciding on arrest, with the expert report not binding and not the sole basis for a charge sheet or closure report. For private complaints under Section 33 of the POCSO Act, the Special Court shall similarly involve such an expert before issuing process. Courts dealing with remand, bail and custody should examine compliance and not treat mere registration of a POCSO case as proof.

Creates a procedural safeguard intended to prevent irreparable harm from unwarranted arrests without diluting the stringency of the POCSO Act.

Arguments

The battle of arguments before the Supreme Court

Petitioner

Vihaan Kumar

1

Father's challenge to modified visitation and pursuit of settled custody

The Father (appellant in the Civil Appeal) challenged the High Court order dated 14.12.2023 modifying visitation arrangements in favour of the Mother, relying on the Family Court and High Court findings that custody should rest with him, which this Court had confirmed. The judgment does not set out detailed oral arguments of counsel.

2

Father's complaint in FIR No. 165/2018

In the criminal appeals, the Father, as the complainant in Crime No. 165 of 2018, was aggrieved by the High Court's quashing of offences under the IPC sections for which the chargesheet had been filed.

Sections 416, 417, 418, 419, 420, 504, 506, 109 read with 34 IPC

Respondent

State of Haryana

1

Mother's POCSO allegations

The Mother's FIR No. 76/2024 alleged that the Father forcibly touched the child's private parts, pressured her to touch his, threatened her and assaulted her in a car on specified dates in February 2024, and that the grandparents and an aunt scolded and beat the child. The child was taken to a child psychologist and the Child Welfare Committee.

Section 10 POCSO ActSection 75 JJ Act
2

Mother's challenges in the criminal appeals

The Mother challenged the High Court's refusal to quash offences under Sections 75 and 87 of the JJ Act in the chargesheet from FIR No. 165/2018 and its order directing further investigation under Section 173(8) CrPC.

Sections 75 and 87 JJ ActSection 173(8) CrPC

Court's Analysis

How the Court reasoned its decision

The Court began by noting an alarming rise in false accusations of child sexual abuse in custody conflicts, sometimes fuelled by advisors who follow a "win at any cost" approach. It examined the CBI Report in detail: the investigation covered witness statements, medical evidence, CCTV footage from the Father's house between 07.06.2023 and 24.03.2024, forensic interviews, and an integrated 79-page psychiatric and psychological evaluation by NIMHANS experts. The Report found no signs of anxiety or trauma consistent with the allegations and concluded that prolonged parental conflict, ongoing custody litigation, repeated discussions of the allegations, multiple psychological consultations and continued exposure to family narratives may have influenced the child's perceptions and narratives. The CBI concluded that the testimony of the victim did not appear reliable or trustworthy and the matter was not fit for prosecution. The Court agreed and quashed the FIR. It then turned to judicial notice of misuse of legal provisions, citing Geddam Jhansi v. State of Telangana, Achin Gupta v. State of Haryana, Ishwar Chand Sharma v. State of Uttar Pradesh, the Kerala High Court in Suhara v. Muhammed Jaleel and the Madras High Court in N. Chandramohan v. State, as well as Section 22 of the POCSO Act and the 240th Parliamentary Standing Committee Report. It observed that Section 22 comes too late to prevent irreparable harm, namely prolonged incarceration and an adverse effect on custody proceedings. It then devised safeguards within the four corners of the law, grounded in Section 35 BNSS (formerly Sections 41 and 41-A CrPC), Joginder Kumar, Arnesh Kumar and Satender Kumar Antil, taking care not to dilute the object of the POCSO Act.

doing so would be a gross abuse of process.

Para 34

The Court's reason for quashing FIR No. 76/2024 after considering the CBI Report.

by the time this provision comes into application, irreparable harm may already have been done to the accused.

Para 45

Explains why the Section 22 POCSO remedy against false complaints is insufficient and why preventive safeguards were framed.

What is needed is a balancing exercise

Para 47

Indicates that the safeguards must not dilute the object of the POCSO Act or weaken its provisions.

the investigating officer or the SJPU would not be bound by the findings or the contents of the expert report.

Para 63

Clarifies that the expert report only aids, and does not control, the discretion to arrest.

FIR No. 76/2024 dated 28.03.2024 was registered only for the purpose of laying a foundation to handover the custody of the child back to Mother

Para 78

The Court's finding on the purpose behind the FIR, based on the CBI findings and the history of custody litigation.

Allowed

The Verdict

Relief Granted

The Father was cleared of the POCSO and related charges and retained custody, with a supervised reintegration process for the child, while the Mother's criminal and guardianship proceedings were closed to end the acrimonious litigation.

Directions Issued

  • FIR No. 76/2024, re-numbered as CBI Case RC0352026S0003, for offences under Section 10 of the POCSO Act, Section 75 of the JJ Act and Sections 323, 504, 506 read with 34 IPC against the Father, was quashed
  • Legal custody of the child rests with the Father; the matter was remitted to the IVth Additional Principal Judge, Family Court, Bengaluru, solely for reintegrating physical custody of the child with the Father, advised by a Committee of Experts (Shri Vinayak Varma, SP CBI; Ms. Shilpa D., SP CBI; Dr. Lakshmi Sravanti Tanuku and Dr. Anamika Sahu of NIMHANS)
  • The Committee shall decide interim custody pending reintegration (with the Child Welfare Committee, another neutral place or the mother) and visitation for the Mother is to be fixed after reintegration; the Mother must cooperate or face serious consequences
  • FIR No. 165/2018 dated 05.06.2018 and all further proceedings including the charge sheet were quashed; the Mother's guardianship petition GWC No. 194/2024 was terminated; Contempt Petition (C) No. 208 of 2024 was closed
  • Passports deposited with the Registry are to be transmitted to the Family Court; parties and the child were to report before the Family Court on 28.09.2026
  • The safeguards in paragraphs 47-77 apply to investigations underway on the date of the judgment and to Section 33 POCSO complaints where summons have not been issued; copies were directed to be sent to High Courts, criminal courts, and Chief Secretaries for transmission to every police station

Key Legal Principles Established

1

The welfare of the child is the paramount consideration in custody and guardianship matters under Section 25 of the Guardians and Wards Act, 1890.

2

A POCSO case against a parent registered in the course of a custody dispute must be scrutinised, and mere registration of such a case is not proof that the allegation is true.

3

Where a POCSO offence is alleged against a parent or co-resident family member and a matrimonial dispute exists between the parents, investigators should not act in haste and should engage a child and adolescent psychiatry or clinical psychology expert before deciding on arrest.

4

The expert report aids but does not bind the investigating officer, and cannot be the sole basis for a charge sheet or closure report.

5

For private complaints under Section 33 of the POCSO Act, the Special Court must apply its mind and ordinarily involve an expert before issuing process in such cases.

6

Arrest is a matter of statutory discretion under Section 35 BNSS and requires reason to believe and justification, not mere power.

7

Safeguards against misuse must not dilute the stringency or object of the POCSO Act.

Key Takeaways

What different people should know from this case

  • POCSO complaints are serious and every genuine report deserves a proper investigation; the Court has stressed that the Act must remain stringent.
  • Where parents are in a custody or matrimonial dispute and a POCSO complaint is made against one parent, police are expected to consult a child psychology or psychiatry expert before arresting.
  • Making a false POCSO complaint can attract punishment under Section 22 of the POCSO Act, and can seriously damage the child and the parent-child relationship.
  • Courts deciding custody will not treat the mere registration of a POCSO case as proof of abuse.
  • If you are involved in a custody battle, avoid involving the child in criminal accusations; the child is often the main sufferer.

Frequently Asked Questions

The Supreme Court quashed a POCSO FIR (No. 76/2024) against a father after a CBI committee with NIMHANS experts found the allegations not made out, held that custody should rest with the father, ordered a supervised reintegration of the child through the Family Court, and laid down safeguards for POCSO complaints made against a parent in the context of a matrimonial dispute.
The Court directed that the names of the parties in the cause title, except the first alphabet, be redacted, given the sensitivity of the case and the involvement of a minor child.
Where a POCSO offence is alleged against a parent or a family member living under the same roof and a matrimonial dispute exists between the parents, the investigating officer or SJPU must engage a child and adolescent psychiatry or clinical psychology expert (in consultation with the DCPU or DLSA) to aid the investigation before deciding on arrest. A similar process applies for Section 33 private complaints before the Special Court. The expert report is not binding and cannot be the sole basis for a charge sheet or closure report.
The Court said it did not. It stressed that the safeguards must not run counter to the object of the Act or dilute the stringency of its provisions, and that genuine cases must be pursued vigorously. The safeguards only aim to prevent irreparable harm from unwarranted arrest in a specific context.
The Court directed that legal custody rests with the Father. Because the child had been physically with the Mother since 24.03.2024, the Family Court at Bengaluru, advised by a Committee of Experts, will oversee reintegration with the Father, decide interim custody in the meantime and fix visitation for the Mother after reintegration.
No. They apply to FIR-based cases where investigation is still in progress on the date of the judgment and to private complaints under Section 33 of the POCSO Act where summons have not been issued as of that date.

DISCLAIMER: This case summary is for educational and informational purposes only. It does not constitute legal advice. For advice on your specific situation, please consult a qualified advocate. JurisOptima is not responsible for any actions taken based on this information.

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