The court emphasized the necessity of not quashing FIRs based on allegations of child sexual abuse, underscoring the child's right to justice while balancing procedural protections under POCSO.

JUDGMENT

Swarana Kanta Sharma, J. The present petition has been filed on behalf of the father (petitioner herein) wherein the victim is the real son and respondent no. 2 is the mother of the victim who is minor. Though, there is no specific bar to mention the name of the accused facing trial in a case under Protection of Children from Sexual Offence Act, 2012 (`POCSO Act'), Section 23(2) of POCSO Act provides that "no reports in any media shall disclose, the identity of a child including his name, address, photograph, family details, school, neighbourhood or any other particulars which may lead to disclosure of identity of the child." It does not specify that in case it is the close family member of the victim child who is the Petitioner/Accused, his name be also masked as the disclosure of his name and details will disclose the identity of the child.

2. The present case is a case where the real father has been accused of alleged sexual abuse by the minor son and the respondent no. 2 is the victim's real mother. In case the name of the Petitioner/Accused or Respondent no. 2/Mother/complainant who are victim's real father and mother respectively is reflected in the judgment, it may lead to disclosure of identity of the child. Though, Section 23 of POCSO Act lays down the procedure for non-reporting of name of child in any media, this Court is conscious of the fact that the judgments of the Courts are reported in media and journals and such reporting of a case as the present one may lead to disclosure of identity of the child victim.

3. In such circumstances, this Court deems it appropriate to mention the name of the Petitioner/Accused as `X' and the name of the Respondent no. 2/the complainant/mother as `Y' in the judgment, the addresses of the petitioner as well as respondent no. 2 will also not be mentioned in the judgment.

4. The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") for quashing of FIR No. 0613/2021, under Section 10/12 of POCSO Act, Police Station Dwarka, South District, Dwarka, New Delhi and consequent proceedings arising therefrom which is pending trial before the learned ASJ (POCSO), South-West, Dwarka Courts, New Delhi.

5. It is stated that the petitioner is the real father of the victim who is his son. The allegations against the accused are that he used to inappropriately touch his son and on multiple occasions over a period of three years, he had abused his son in the aforesaid manner. Due to his acts, the victim son had been experiencing extreme night mares and emotional disturbances. The case of the prosecution is that wife of the accused started noticing emotional disturbances of the son in April, 2021, coupled with withdrawal in educational and other activities as well as change in his sleeping pattern. On 08.07.2021, the wife and the son of the applicant had gone to live with her brother upon disputes having arisen between the parties, but the child's condition did not improve. She had consulted Child Psychologist and held sessions with the concerned doctor who during counselling informed her on 21.10.2021 that the child had been molested by his father. The doctor submitted her final report on 06.12.2021 which was not descriptive. However, later on the report was provided with specific details of sexual abuse, which are part of record.

6. The child also told his mother that on 10.06.2021 the petitioner had groped him, touched his bums and very badly kissed him and said, "tumhe accha lag raha hai?" He then told her that he managed to run out of the