Suicide by school student - homophobic and transphobic bullying by peers - FIR not liable to be quashed against Principal ..

CRM-M No. 4079 of 2023. D/d. 14.07.2023. 
Surjeet Khanna - Petitioner Vs State of Haryana and another.
Section 306 - Protection of Children from Sexual Offences Act, 2012, Sections 6, 18, 8 and 21.

Quashing of FIR - Suicide committed by a young student of Class X-B, on account of alleged harassment, bullying, and torture by his classmates/students of School.

Suicide by school student - homophobic and transphobic bullying by peers - FIR not liable to be quashed.

Judgement of the Hon’ble Court with reasoning: POCSO Act was enacted with sole object of proper development of child and to ensure that his or her right to privacy and confidentiality be protected and respected by every person by all means and through all stages of judicial process involving child. Para 21.

Occurrence in question preceded alleged homophobic and transphobic bullying by peers of deceased child - Email was sent by complainant to petitioner on 23.09.2021 and due to inaction on part of petition, child committed suicide - Thus, petitioner cannot plead excuses for not reporting matter to police for nearly five months - Hence, FIR not liable to be quashed. - [Paras 23 to27].

Provisions of Section 19 of the POCSO Act, which read as under:-

" 19. Reporting of offences.-(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) any person (including the child), who has apprehension that an offence under this Act is likely to be committed or has knowledge that such an offence has been committed, he shall provide such information to,-

(a) the Special Juvenile Police Unit; or

(b) the local police.

Section 19(1) of the POCSO Act, as reproduced above, casts a duty upon all concerned, who either have an apprehension of an offence under the Act likely to be committed or has knowledge of such offence having been committed, to report the matter to the Special Juvenile Police Unit or the local Police. Sub Sections (2) to (7) stipulate further course of action upon such matter having been reported in the manner provided in sub-Section (1). Para 22.

1.     Cases Referred:-

a.      Central Bureau of Investigation v. Aryan Singh etc., AIR 2023 (Supreme Court) 1987.

b.      Sanjeet Jaiswal v. State of Uttar Pradesh, 2022(3) RCR (Criminal) 841.

c.      State of Haryana v. Ch. Bhajan Lal, 1991(1) RCR (Criminal) 383.

d.     The State of Maharashtra v. Dr. Maroti s/o Kashinath Pimpalkar, 2022(4) RCR (Criminal) 934

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