Child in Conflict With Law through Her Father vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

Child in Conflict With Law through Her Father vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed and disposed of: the impugned order dated 14th November 2024 of the Court of the Principal Magistrate, City Juvenile Justice Board, Dongri, Mumbai, quashed and set aside; the applicant and respondent No.2 to unconditionally withdraw the complaint dated 3rd December 2024 made to Gamdevi Police Station and the complaint arising in Station Diary No.37 of 2024 pending with Gamdevi Police Station, Mumbai; both parties to endeavour to ensure their children do not interact with each other and keep distance and avoid any contact.

Issue for consideration

Whether the Court of the Principal Magistrate, City Juvenile Justice Board, Dongri, Mumbai, could pass an order directing carrying out of a psychological test of a Child in Conflict with Law aged 8 years.

Court's answer

Considering the age of the girl, i.e. 8 years, the learned Magistrate could not have passed the impugned order directing carrying out of a psychological test of the CICL; the learned APP also did not dispute that such an order could not have been passed keeping in mind the age of the girl.

Key takeaways

A copy of the order was directed to be sent to the Court of the Principal Magistrate, City Juvenile Justice Board, Dongri, Mumbai, to ensure that orders are passed keeping in mind the age of the child and not mechanically, without application of mind.obiter¶¶25

Detailed headnote1 paragraphs

Bombay High Court (Division Bench: Revati Mohite Dere & Dr. Neela Gokhale, JJ.) allowed a Criminal Application seeking quashing of an order dated 14th November 2024 passed by the Court of the Principal Magistrate, City Juvenile Justice Board, Dongri, Mumbai, whereby a psychological test of a Child in Conflict with Law, a girl aged 8 years, was directed. Held that, considering the age of the girl, the learned Magistrate could not have passed such an order; the learned APP did not dispute this. A copy of the order was directed to be sent to the Juvenile Justice Board to ensure that orders are passed keeping in mind the age of the child and not mechanically, without application of mind. The applicant and respondent No.2 agreed to unconditionally withdraw their cross-complaints (complaint dated 3rd December 2024 and Station Diary No.37 of 2024) at Gamdevi Police Station, Mumbai, and to endeavour to keep their children from interacting with or contacting each other.

NISHA Digitally signed by NISHA SANDEEP CHITNIS SANDEEP Date: 2025.03.05 CHITNIS 15:38:19 +0530

1-APL.1811.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO.1811 OF 2024

Child in Conflict with Law ...Applicant Through her Father (Original Accused) Versus State of Maharashtra and Anr. ...Respondents

Mr. Amit Vyas a/w Mr. Rajat Agrawal and Ms. Poonam Ashar i/b Vertices Partners, for the Applicant.

Ms. P. P. Shinde, A.P.P for the Respondent No.1-State.

Mr. Vivek Kantawala a/w Mr. Amey Patil and Mr. Manav Kantawala i/b Mr. Jash B. Vyas, for the Respondent No.2.

PSI – Punam Chavan from Gamdevi Police Station, Mumbai, is present.

CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

DATE : 3^rd MARCH 2025

P.C. :

By this application, the applicant essentially seeks

quashing of the impugned order dated 14^th November 2024 passed by

the Court of the Principal Magistrate, City Juvenile Justice Board,

Dongri, Mumbai. The said order is at Exhibit – ‘A’ on page 30 of the aforesaid application.

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N. S. Chitnis

1-APL.1811.2024.doc

Considering the age of the girl i.e. 8 years, the learned

Magistrate could not have passed the impugned order directing carrying out of psychological test of the CICL.

Learned APP also does not dispute the same i.e. such an

order could not have been passed keeping in mind the age of the girl.

Considering the aforesaid, the application is allowed and the impugned order dated 14^th November 2024 passed by the Court of the Principal Magistrate, City Juvenile Justice Board, Dongri, Mumbai, is quashed and set aside.

A copy of the aforesaid order be sent to the Court of the Principal Magistrate, City Juvenile Justice Board, Dongri, Mumbai, to ensure that orders are passed keeping in mind the age of the child and not mechanically, without application of mind.

2/3

N. S. Chitnis

1-APL.1811.2024.doc

The applicant and the respondent No.2 both agree to unconditionally withdraw the complaint dated 3^rd December 2024 made to the Gamdevi Police Station and the complaint arising in the Station Diary No.37 of 2024, pending with the Gamdevi Police Station, Mumbai. Both the parties have agreed to make an endeavour to ensure that their children do not interact with each other and that they keep distance and avoid any contact.

Application is allowed and disposed of on the aforesaid

terms.

All concerned to act on the authenticated copy of this

order.

DR. NEELA GOKHALE, J. REVATI MOHITE DERE, J.

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N. S. Chitnis