Rajasthan High Court - Jaipur
Dhatti Son Of Shri Deep Chand @ Deepu By ... vs State Of Rajasthan Throug P.P on 8 August, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 4603/2018
1. Dhatti Son Of Shri Deep Chand @ Deepu By Caste
Gurjar , Residents Of Village Chandpur, Police Station
Laxmangarh, District Alwar (Raj.)
2. Rameshwar Son Of Roop By Caste Gurjar , Residents Of
Village Chandpur, Police Station Laxmangarh, District
Alwar (Raj.)
3. Charan Son Of Kabool, By Caste Gurjar , Residents Of
Village Chandpur, Police Station Laxmangarh, District
Alwar (Raj.)
4. Veero Son Of Deep Chand @ Deepu By Caste Gurjar ,
Residents Of Village Chandpur, Police Station
Laxmangarh, District Alwar (Raj.)
5. Kada Son Of Kabool Ram, By Caste Gurjar , Residents Of
Village Chandpur, Police Station Laxmangarh, District
Alwar (Raj.)
6. Fateh Son Of Moola Ram, By Caste Gurjar , Residents Of
Village Chandpur, Police Station Laxmangarh, District
Alwar (Raj.)
7. Narain Singh Son Of Mohan Singh, By Caste Gurjar ,
Residents Of Badoli, Police Station Kaman, District
Bharatpur (Raj.)
8. Sibbi Son Of Lalaram, By Caste Gurjar , Resident Of
Hadoli, Police Station Mandawar, District Dausa (Raj.)
9. Murari Son Of Madho, By Caste Gurjar , Resident Of
Biduka, Police Station Govindgarh, District Alwar (Raj.)
10. Ghanshyam Son Of Madho, By Caste Gurjar , Resident Of
Biduka, Police Station Govindgarh, District Alwar (Raj.)
11. Deena Son Of Hari Singh, By Caste Gurjar , Resident Of
Saimla, Police Station Nagar, District Bharatpur (Raj.)
12. Madho Son Of Jainarain, By Caste Gurjar , Resident Of
Biduka, Police Station Govindgarh, District Alwar (Raj.)
----Petitioners
Versus
1. State Of Rajasthan Throug P.p. , Rajasthan
2. Smt. Mundar Wife Of Late Shri Data Ram, By Caste
(2 of 5) [CRLMP-4603/2018]
Gurjar , Resident Of Ratti Ka Bas, Tan Sahadi, Tehsil
Kathumar, Police Station Khedli, District Alwar (Raj.)
----Respondents
For Petitioner(s) : Mr. Girish Khandelwal
For Respondent(s) : Mr. Prakash Thakuriya PP
Ms. Shruti Dixit
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
-/Order/-
08/08/2018
The present petition has been filed under Section 482
Cr.P.C. seeking quashing of FIR No. 240/2018 dated 6.7.2018
registered at Police Station Laxmangarh, Alwar for the offences
punishable under Sections 143, 323, 341, 379, 363, 366-A and
354 IPC and Section 16 and 17 of Protection of Children from
Sexual Offences.
The complainant of the above FIR namely Smt. Mundar
is real mother of the child/victim aged about 11 years (name
withheld to protect her identity).
Yesterday, on behalf of the accused, the child was
produced in the court alongwith her paternal aunt (hereinafter
called 'Bhua') and paternal uncle (hereinafter called 'Fufa'). They
intended to facilitate quashing of the FIR and requested this Court
that the statement of child be recorded and the FIR be quashed.
The child being 11 years of age is not enough mature
to understand registration of the case or to facilitate quashing of
the same. At moment the child has been tutored by her Bhua and
Fufa.
Before registration of the present case, another FIR No.
231/2018 was lodged at Police Station Kherli for the offences
(3 of 5) [CRLMP-4603/2018]
under Sections 323, 341, 366, 511 and 342 IPC by Raghuvar, real
brother of the father (Taya) of the child. In the said FIR, it was
stated that the child is being sold for affecting marriage. In that
FIR, statement of the child was recorded under Section 164 Cr.P.C.
In that statement, the child stated that Raghuvar (Taya) intended
to sell her.
This Court formulated opinion that the child is being
exploited and is being compelled to marry. Therefore, this Court
yesterday on 7.8.2018 passed the following order:-
"In the peculiar facts and circumstances of the case, in the
morning a request was made to the learned Public Prosecutor to
ensure presence of a woman IPS Officer.
On the request made by this Court, Ms. Lovely Katiyar,
Dy. Commissioner of Police (Traffic), Jaipur is present in the
court. She had a brief interaction with the victim child.
Ms. Lovely Katiyar, Dy. Commissioner of Police (Traffic),
Jaipur after obtaining instructions from Commissioner of Police
has submitted that this case can be better handled by Ms.
Tejaswani Gautam. Ms. Lovely Katiyar IPS has assured this
Court that Ms. Tejaswani Gautam shall remain present in this
Court tomorrow.
List this case tomorrow i.e. on 2.:00 PM. Till then, Ms.
Lovely Katiyar, Dy. Commissioner of Police (Traffic), Jaipur is
directed to ensure lodging of victim at the Child Observation
Center at Jaipur.
A copy of this order under the seal and signature of the
Court Master be handed over to the learned Public Prosecutor
for onward transmission and necessary compliance."
In pursuance of the aforesaid order, Ms. Tejaswani Gautam, IPS, is present in the court alongwith Ms. Shruti Dixit, a senior lady member of this Bar. They have interacted with the child for about two hours. It is submitted by them that Bhua and Fufa are distant relatives of the child. It is further submitted that two elder sisters of the child had been subjected to child marriage (4 of 5) [CRLMP-4603/2018] against their wishes. This Court has also been informed that the mother of the child and Raghuvar (Taya) complainant of earlier FIR, have also given beating to the child and the child feels secure and intends to stay with Bhua and Fufa.
This Court had not issued notice in the present petition for quashing of the FIR, still distant Bhua and Fufa were present in the court alongwith the child to facilitate quashing of the FIR.
Ms. Tejaswani Gautam, IPC and Ms. Shruti Dixit Advocate after interacting with the child have submitted that Bhua and Fufa have entered into an alliance of the eleven years old child with one Dhatti petitioner no.1, who is aged 35 years. They intend to marry the child with Dhatti. Thus, this Court is of the view that the welfare of the child demands that her custody should not remain with her mother, Raghuvar (Taya), Bhua and Fufa. Hence, this Court has requested Ms. Gautam IPS and Ms. Dixit to explore various options so that the custody of the child till she attain majority, remain with some non-governmental organization.
Ms. Tejaswani Gautam has submitted that Mahila Thanas of Jaipur are having interactions with various NGOs and "SAVE THE CHILD" NGO run under the aegis of UNO is an organization which can take care of the welfare of the child.
Accordingly, a request has been made to Ms. Tejaswani Gautam to intervene and contact "SAVE THE CHILD" NGO for taking the child under their wings for rearing and upbringing the child. Ms. Gautam has submitted that after obtaining necessary instructions, she will revert back to this Court on 13.8.2018. It is ordered that till next date, the child shall be kept at Child Observation Home at Jaipur.
(5 of 5) [CRLMP-4603/2018]
This Court appreciate the efforts made by Ms.
Tejaswani Gautam IPS Officer. She is alive to the need of a child and has necessary sensitivity to deal with social issues. It is ordered that the investigation of the present FIR shall be supervised by her. She will also monitor the investigation.
List this case on 13.8.2018 at 2:00 PM.
(KANWALJIT SINGH AHLUWALIA),J Mak/-
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