Dismissed

Smt. Kamini @ Kammo an D Another v. State of U.P. and Others

Allahabad HC6 Feb 2019CRLP/1176/2018

Case brief

AI extract

What is this about?

The court dismissed the petition seeking to quash an FIR alleging offences against a minor. Relying on age determination precedents, the court held the victim was a minor at the time of the incident. Consequently, the petition was not accepted, but investigation was to continue with a stay of arrest pending the police report.

What did the court decide?

Investigation to continue; accused not to be arrested until submission of police report under Section 173(2) CrPC, subject to co-operation.

Smt. Kamini @ Kammo an D Another Vs State of… — Child Sexual Offences (POCSO) | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1176 of 2018

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Petitioner :- Smt. Kamini @ Kammo An D Another Respondent :- State Of U.P. And Others Counsel for Petitioner :- Mr Avdhesh Narayan Tiwari Counsel for Respondent :- G.A.,Malay Kumar Sharma,Praveen Kumar Tripathi

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Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.

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Heard learned counsel for the petitioners; learned A.G.A. for the State-respondent nos.1, 2 and 3; Sri Praveen Kumar Tripathi, learned counsel for the respondent no.4; and perused the record.

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The instant petition seeks quashing of the FIR dated 25.12.2015 registered as Case Crime No.1141 of 2015, under Sections 363 and 366 I.P.C. and Section 7/8 Protection of Children from Sexual Offences Act, Police Station Jalaun, District Jalaun.

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The impugned FIR alleges that the victim Km. Kamini @ Kammo is a minor, aged about 17 years, and that she has been enticed away by the accused person. The petitioner no.2, who is one of the main accused, has filed this petition alongwith petitioner no.1 stating that Km. Kamini @ Kammo is an adult and that she has voluntarily entered into relationship with petitioner no.2 and, therefore, the FIR is liable to be quashed.

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The date of incident is 10.12.2015 in respect of which the FIR was lodged and, according to the date of birth entered in the High School Mark-sheet, which has been brought on record as Annexure No.1 to the writ petition, the petitioner no.1 Km. Kamini @ Kammo was born on 02.08.1998 and, therefore, on the date of incident she was below 18 years, as per the High School Certificate.

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Learned A.G.A. has informed the Court that in the instant case charge sheet has been submitted against few accused person but, since the petitioners have got an interim protection from this Court, no charge sheet has been submitted against them till date.

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It is well settled principle that the age of a child victim is to be determined on the same parameters as applicable for determination of age of juvenile in conflict with law (See:

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Mahadeo vs. State of Maharashtra, (2013) 14 SCC 637; Jarnail Singh vs. State of Haryana, (2013) 7 SCC 623; State of M.P. vs. Anoop Singh, (2015) 7 SCC 773) . Therefore, keeping in mind that the date of birth of the victim recorded in her high school certificate is 02.08.1998, prima facie, on the date of the incident she was a minor, the prayer of the petitioners to quash the FIR cannot be accepted.

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However, as the victim has now attained majority, we deem it appropriate to dispose off this petition by providing that investigation shall continue and be brought to its conclusion, but, subject to petitioners' co-operation in the investigation, the petitioners shall not be arrested in the above case till submission of police report under Section 173 (2) Cr.P.C. Order Date :- 6.2.2019 Ajeet

Smt. Kamini @ Kammo an D Another v. State of U.P. and Others

Case brief

What is this about?

What did the court decide?

Smt. Kamini @ Kammo an D Another v. State of U.P. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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