The court ruled that a minor cannot be held liable for fraud in obtaining a birth certificate, particularly when evidence suggests malice in the FIR's filing.

JUDGEMENT :

SANJEEV KUMAR SHARMA, J.

1. Heard Mr. S.K. Singh, learned for the petitioner. Also heard Mr. R.J. Baruah, learned Addl. P.P. for the State and Mr. B. Chakravarty, learned counsel for the respondent No.2.

2. This is an application under Section 482 of the Cr.P.C. preferred for quashing the FIR lodged with Tezpur Police Station and Registered as Tezpur P.S. case No. 207/2023 (Corresponding to G.R. case No. 255/2023) under Sections 419 /420/468 of IPC .

3. The case of the petitioner may be briefly stated. One Smti. Jyoti Subba (Respondent No. 2), W/o- Late Moni Kumar Subba, lodged a FIR stating, inter alia, that a few months ago it had come to the knowledge of the informant/Respondent No. 2 that one Minu Subba has obtained a Birth Certificate from Tezpur Municipal Board vide Registration No. 1679 dated 23/07/1988, wherein the name of father is shown as Mr. Moni Kumar Subba and name of mother is shown as Ms. Jyoti Subba (the informant/Respondent No.2). Further, the date of birth of Minu Subba is shown as 16/02/1988. The informant/Respondent No. 2 also mentioned that she has no daughter in the name of Minu Subba. The informant/Respondent No. 2 also alleges in the FIR that she married Moni Kumar Subba (since deceased) in the year 1991, and hence the said Birth Certificate is a false one which, she claims, to have been obtained by Ms Minu Subba by submitting forged documents before the authority concerned. The informant also claims in the FIR that her husband was a former Member of Parliament from Tezpur Lok Sabha constituency and a renowned person, so this petitioner has illegally and unlawfully used their names with a view to cheating people and to make wrongful gain. The informant/Respondent No. 2 claims to have made attempts to contact the Tezpur Municipal Board but failed to get the desired response from their end, and as such she approached the police with a request to investigate the matter and to take necessary action against the accused/petitioner.

4. After receiving the said FIR, the Officer in Charge of Tezpur Police Station registered a case vide Tezpur PS Case No. 207/2023 corresponding to GR Case No. 255/23 u/s 419/420/468 of IPC and started the investigation.

5. It is submitted by learned counsel for the petitioner that the informant lodged the FIR on the basis of some imaginary false, baseless allegations with a view to harassing this petitioner. Her date of birth mentioned in the FIR is 16/02/1988, whereas the true fact is that the date of birth of the petitioner is 11/02/1988 and the same is mentioned in the birth certificate and not 16/02/1988.

6. It is stated that the petitioner is the daughter of Late Moni Kumar Subba and the Respondent No. 2. In all her relevant documents such as Adhaar, Passport, PAN, Voter etc. her father's name has been recorded as Late Moni Kumar Subba and mother's name has been recorded as Mrs. Jyoti Subba. She has always known the Respondent No. 2 as her mother. Now, after so many years, the Respondent No. 2 has come out with a FIR with false pleas in order to harass her. She appears to be not happy with her and in order to give her a lesson, she has resorted to the lodging of this FIR. Being a minor, she could not have been the applicant for the issuance of the said birth certificate. It was surely Late Moni Kumar Subba and the Respondent No. 2 who filed the application for the registration of the birth and issuance of the birth certificate. Furthermore, she got admitted to school as child of Late Moni Kumar Subba and the Respondent No. 2 as well. She completed her education and obtained other document