The Supreme Court has refused to quash a case registered under the Protection of Children from Sexual Offences (POCSO) Act, against a suspended judicial officer accused of sexually abusing his minor daughter.

The Bench of Justice Prashant Kumar Mishra and Justice Manmohan, refused to entertain the plea for quashing with strong oral remarks during the hearing saying,

“shocking case. This is a judicial officer, serious allegations of incest! Madam, this is not the case to be entertained for quashing by any standard. I don't know what legal advice you are getting, but this is not a case certainly by any standard. Your daughter is making the allegations, no? She must have been scarred to life.”

Facts:

The petitioner in the instant case approached the Supreme Court by way of a Special Leave Petition challenging a Bombay High Court’s order, which had dismissed his plea for quashing a case of sexual abuse against him, by his minor daughter. The petitioner submitted before the court that he was already in great distress having lost his father to suicide, additionally he was also battling matrimonial disputes. In response Justice Manmohan observed that the court is disinclined to get into these aspects of his submissions but added,

“This [father's suicide] would have been due to the son's action rather than anyone else's action.”

Justice Mishra concurred with this view and stated that the matter was certainly not fit for quashing. In conclusion, the bench noted in their order:

1.After hearing learned counsel for the petitioner, we are not inclined to interfere with the order impugned passed by the High Court

2.The present petition is, accordingly, dismissed.

3. However, it is directed that the name of the victim, wherever it is mentioned in the special leave petition’s paperbook shall be masked.

4.Pending application(s), if any, shall stand disposed of

Case Title: Sandeep v. State of Maharashtra SLP (Crl.) No.: 8753/2025
Court: Supreme Court of India
Coram: Hon’ble Mr. Justice Prashant Kumar Mishra and Hon’ble Mr. Justice Manmohan