The court upheld the validity of the FIR while emphasizing the necessity to follow the Juvenile Justice Act for proceedings involving a minor.

JUDGMENT :

1.The petitioners have filed the present petition for quashing of FIR bearing No. 0026/2022 dated 07.04.2022 under sections 341, 323, 354 and 506 IPC registered with the respondent No. 2 at the instance of respondent No. 3. It is stated by the petitioners that there is a land dispute between father-in-law of respondent No. 3 and the father of the petitioner Nos. 1 and 3 and husband of the petitioner No.2, regarding which a civil suit is also pending before the court of Munsiff, Kalakote. It is averred that a false and frivolous FIR has been lodged by the respondent No. 3 only to harass the petitioners.

2. Response has been filed by the official respondents stating therein that on 07.04.2022, the complainant submitted a written complaint against the petitioners wherein it was stated that on 03.04.2022 when she (complainant) was going to her field, the petitioner No. 1 stopped her way & outraged her modesty and the other petitioners administered beatings to her. On receipt of this application, FIR No. 0026/2022 for offences under sections 341, 323 and 506 IPC was registered and investigation was entrusted to ASI Mohd. Ayoub. During investigation, the Investigating Officer visited spot, prepared the site plan and recorded the statements of the witnesses under section 161 Cr.P.C. He also obtained the medical opinion in respect of the injuries suffered by the victim from the Medical Officer CHC Kalakote and as per his investigation, the offences under sections 354, 341, 323 and 506 IPC stand proved against petitioner No. 1 and offences under sections 341, 323 and 506 IPC stand proved against petitioner Nos. 2 and 3.

3. Learned counsel for the petitioners has vehemently argued that petitioner No. 3 is the minor girl of 13 years of age and the mandatory provisions of Juvenile Justice (Care and Protection of Children) Act, 2015(for short the J. J. Act) and the rules framed thereunder have not been followed.

4. On the contrary, Mr. Bhanu Jasrotia, learned GA representing the official respondents has vehemently argued that the petitioners are involved in commission of offences mentioned above and if the petitioner No: 3 is found to be minor, the official respondents shall proceed in accordance with law.

5. Heard and perused the record including the Case Diary.

6. A perusal of the record reveals that on 07.04.2022, an application, in Urdu was submitted by the respondent No. 3 with Senior Superintendent of Police, Rajouri, which was marked to SHO Police Station, Kalakote on the same date itself by the Senior Superintendent of Police, Rajouri.

7. In the application, it was stated that on 03.04.2022 at 8 AM, when respondent No. 3 was going to her land, the petitioner No. 1 was standing in the way and started abusing and threatening her. When she forbade him, he stopped her way and the other petitioners also came on spot and started beating her with fists, kicks and lathis. The petitioner No. 1 caught her breasts, tore her shirt and abused her. The record further depicts that respondent No. 3 was examined on 04.04.2022 by the Doctor at CHC Kalakote and she was found to have suffered two injuries, simple in nature.

The record further reveals that the date of birth certificate of petitioner No. 3 dated 29.07.2022 was obtained from the New Age Public Higher Secondary School Dangri and as per certificate, the date of birth of petitioner No. 3 is 14.03.2009. The contention of the petitioners that false and frivolous FIR has been got registered by the respondent No. 3 because of civil dispute, cannot be appreciated at this stage, particularly in view of the evidence on record in the form of opinion of the medical officer. The learned counsel for the petitioners is right in submitting that petitioner No. 3 was minor and was required to be dealt in with accordance with the J. J. Act and the Rules framed thereunder but equally true is that the FIR was registered on 07.04.2022 and the filing of the charge sheet was stayed by this Court on 05.05.202