Failure to promptly report knowledge of a sexual offence against a child constitutes an offence under the Protection of Children from Sexual Offences Act, 2012, and is punishable under Section 21.

ORDER :

1. Instant M.Cr.C. has been filed by the petitioner under section 482 of the Cr.P.C. read with section 528 of BNSS, 2023 seeking quashment of FIR dated 12.10.2023 bearing crime no.668/2023 registered by P.S.-Dehat, District-Damoh and all other consequential proceedings arising thereto and letter dated 14.07.2023 bearing no.32-365/2022/NCPCR/Misc/LC/DD7310 issued by respondent No.2 National Commission for Protection of Child Rights so far as it relates to the petitioner and for taking appropriate action in accordance with law against respondent No.11 for misusing his powers and position.

2. Thus, primarily, present petition has been filed by the petitioner for quashment of aforesaid FIR. Hence, it would be appropriate to reproduce, contents of FIR dated 12.10.2023, bearing crime no.668/2023 P.S. Dehat, District Damoh against the petitioner, which are as follows:-

3. Learned counsel for the petitioner at the outset, after referring to respondent No.2’s letter dated 14.7.2023 (Annexure P/2), submits that respondent no.2 has no jurisdiction to send/issue such letter for registration of FIR against the petitioner. At the most, respondent no.2 can recommend action against petitioner. With respect to aforesaid, learned counsel for the petitioner has referred to section 13(c) of the Protection of Children From Sexual Offences Act, 2012 (hereinafter referred to as The Act, 2012). It is urged that FIR (Annexure P/1) has been registered against the petitioner under Sections 19 and 21 of the Act, 2012 on the ground that petitioner despite having knowledge about commission of the offence under the Act, 2012, still petitioner did not report the matter/did not take any action from 21.05.2023 to 30.05.2023.

4. Learned counsel for the petitioner, after referring to column 9 of petitioner’s reply dated 25.07.2023, submits that petitioner came to know about the offence under the Act, 2012 for the first time on 29.05.2023. Thereafter, petitioner sent letter (Annexure P/3) on 30.05.2023 to Head/Superintendent of Aadharsheela Bal Dekhrekh Sanstha, Damoh MP for necessary action. Thereafter, another letter dated 31.05.2023 (Annexure P/4) was sent to Incharge, Special Juvenile Police Unit, Damoh for taking necessary action. When despite aforesaid letters, no action was taken, then, the petitioner again sent the reminder (Annexure P/5) dated 09.06.2023 to the Incharge, Special Juvenile Police Unit, Damoh. In view of aforesaid, it cannot be said that petitioner did not promptly report the matter/inform the concerned persons for taking necessary action.

5. Learned counsel for the petitioner further submits that Lokesh, adoptive father of victim, did not report the matter. Lokesh is the person, who had the knowledge that the offence under the Act, 2012 has been committed. Therefore, he is the offender because he did not report the matter. Further, after referring to Annexure P/6 dated 9.6.2023, it is urged that aforesaid FIR has been registered on the basis of complaint made by the petitioner and therein petitioner’s complaint dated 30.05.2023 (Annexure P/3) has also been mentioned. Learned counsel for the petitioner, after referring to Section 19 of the Act, 2012 submits that therein, no limitation for giving information with respect to commission of offence under the Act, 2012 has been provided. In the facts and circumstances of the case, it cannot be said that there is any inordinate delay in reporting the matter. It is a continuing offence. Therefore, there was no delay in reporting the matter. On above grounds, it is urged that, if documents available on record as well as facts of the case are taken into consideration, then, prima facie, no offence under Sections 19 and 21 of the Act, 2012 is made out. Therefore, FIR dated 12.10.2023 registered by Police Station-Dehat, District-Damoh bearing crime no.668/2023 be quashed along with all consequential proceedings arising thereto.

6. Learned counsel for the respondents Nos. 4 to 8 submits that in the i