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Judgment
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.Â
Before registration of the present case, another FIR No. 231/2018 was lodged at Police Station Kherli for the offences 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.â€
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 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.Â
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.
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.