Seema W/O Manoj Jain vs State of Maharashtra and Ors.

was directed to record the statement of minor child and proceed to take all steps in accordance with law. Subsequently, vide Order dated 23^rd February, 2024, it was recorded that since the

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Respondent No.3 had a grievance about producing the child before Matunga Child Welfare Committee it was directed that the child can be produced before the Child Welfare committee at Dongri Children’s Home. The committee was directed to record the statement of child in accordance with law. The report of CWC was received by this Court on 19^th March, 2024. The report included the statement of minor child recorded by CWC. The report indicate that the child was carrying the cellphone in her purse and it was in active mode for recording. The child had stated that cellphone was kept by her mother.

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Learned APP submitted that the statement of minor child indicate that the Respondent No.3 had attempted to record the conversation which was to be ensured between the minor child and the authorities recording the statement. The statement was recorded without counselling the child by specialize counsellor.

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Learned Advocate for the Petitioner Mr. Ingawale submitted that the statement of the child is required to be recorded in free atmosphere. The fact that the cellphone was kept by Respondent No.3 in the purse in active mode for recording the conversation indicate that the child was under pressure of Respondent No.3. The child ought to have been counselled before

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recording the statement. Respondent No.3 is not cooperating in recording the statement of the child. The Petitioner had lodged the complaint. FIR was registered against Respondent No.3 vide C.R. No.2278 of 2022. Respondent No.3 had filed Criminal Writ Petition No.1401 of 2023 before this Court for quashing the said FIR. During the hearing of the said Petition, it was brought to the notice of the Court that the statement of the child was not recorded. In the order dated 21^st April, 2023 it was observed that the Child Welfare Committee will take all necessary steps in recording the statement of minor child. Subsequently, the Petition was withdrawn. The Child Welfare Committee Mumbai, Sub-urban had forwarded complaint against Respondent No.3 on 28^th August, 2023 stating that she has not been cooperating with the committee. She is interfering in the work of the committee, making false allegations, filing complaints, leaking photographs, recording secretly conducting recording etc.

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Learned Advocate for Respondent No.3 and Applicant in Interim Application No.786 of 2024, Mr. Saraogi submits that the Respondent No.3 has cooperated in producing the child before the committee for recording statement. The statement has been recorded. The contents of the statements refers to the version of the

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minor child. The child has no grievance against her mother. The relief sought by the Petitioner in this Petition cannot be granted. The Petitioner cannot seek the custody of the child. The issue relating to the custody of child is pending before Family Court. Reliance is placed on the decision of the Punajab and Haryana High Court in the case of Rajwinder Kaur V./s. State of Punjab and Others dated 4^th January, 2024 and the decision of Delhi High Court in the case of Geetanjali Dogra V/s. State & Ors dated 6^th September, 2019 .

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It is further submitted that the statement of victim child is sought to be recorded in consonance with the prayer sought by the Petitioner and since the issue relating to the custody of the child cannot be decided by the Child Welfare Committee. No further relief be granted to in this Petition.

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It is pertinent to note that the Petitioner had lodged C.R. No.2278 of 2022 with Sakinaka Police Station for offences under Sections 324, 323, 506, 504, 34 of Indian Penal Code and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015. It is pertinent to note that the statement of the child was not recorded as a part of the investigation in C.R. No.2278 of 2022, which is evident from Order dated 21^st April, 2023 passed by this

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Court in Criminal Writ Petition No.1401 of 2023. The said Petition was moved by the Accused in C.R. No.2278 of 2022 for quashing the FIR. It was recorded that the Respondent No.3 will produce the minor child before the Child Welfare Committee on 26^th April, 2023 for recording statement in C.R. No.2278 of 2022. It was further recorded that the Child Welfare Committee will take all necessary steps in recording the statement of child as far as possible on the same day. In case of any difficulty, on the same day the committee would give the next date to the parties for producing the child. The order dated 16^th June, 2023 records that the report submitted by CWC was received by this Court. Subsequently, the Petition was withdrawn. Thus, it is apparent that the statement of the child was to be recorded in C.R. No.2278 of 2022. Subsequently, this Court vide order dated 7^th February, 2022 passed in the present Petition directed that the child be produced before the Child Welfare Committee vide subsequent order dated 23^rd February, 2024. It was directed that the child be produced before Child Welfare Committee, Dongri Children’s Home. As stated above, the statement has been recorded by CWC. The statement and the report indicate that the Respondent No.3 had placed the cellphone in a active mode in the purse of the child whose statement was to be recorded. It was expected that the statement would be recorded

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in a conducive and healthy atmosphere. Although the statement indicate that the child had stated that she was made confident by the members of the committee and the persons present at the time of recording statement, we find that the recording of conversation by keeping cellphone in purse of child was uncalled for. It is also noted that the child was not counselled by counsellor before recording her statement.

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We direct the Child Welfare Committee, Dongri Children’s Home to once again record the statement of the child. The Respondent No.3 shall produce the child before committee. Before recording the statement child should be counselled by expert counsellor. If the statement could not be recorded on the date when the child is produced, the committee may advice the parties to produce the child again on some other day for recording the statement. The Respondent No.3 shall cooperate with committee.

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It is submitted by the counsel for the Respondent No.3 that the child will be appearing for examinations from 28^th March, 2024 till 12^th April, 2024 and the child would be produced before the committee on 15^th April, 2024 at 11:00 a.m.

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