In AS v. State of Maharashtra, Supreme Court quashed a POCSO case registered against a woman accused of sexually assaulting her 5-year-old nephew, observing that criminal proceedings arising out of matrimonial disputes often witness the unnecessary implication of in-laws and misuse of children to settle personal scores.

The appellant was the paternal aunt of 5-year-old twins born to a couple who had obtained a decree of divorce by mutual consent on 5 September 2023. Custody of the children was granted to father, while the mother had visitation rights.

The mother later lodged an FIR alleging that her son had informed her that his aunt had pulled his hand onto her breast while sleeping and she had personally witnessed one such incident. However, these allegations were never raised during the matrimonial proceedings or before the divorce.

Court noted that the FIR was lodged on 17 March 2024, merely hours after children's father had filed an FIR alleging that the children's maternal uncle (Mama) had sexually assaulted the couple's daughter during her visit to her mother's house. Court observed that First Information Statement itself failed to inspire confidence considering the unexplained delay and surrounding circumstances.

Court further noted that Bombay High Court had stayed the proceedings after prima facie finding that the complaint lacked substance. More importantly, child's statement recorded before JMFC indicated that no sexual assault had taken place.

Holding that continuation of criminal proceedings would amount to an abuse of the process of law, Supreme Court concluded that allegations were unsupported by the material on record. It found that complaint appeared to be a consequence of matrimonial dispute between the parents rather than a genuine allegation warranting prosecution.

Accordingly, Supreme Court allowed the appeal and quashed the FIR.