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2023 DIGILAW 106 (MP)

Shanti Jatav v. State of Madhya Pradesh

2023-01-20

MILIND RAMESH PHADKE

body2023
JUDGMENT Milind Ramesh Phadke, J. - The present petition under Article 226 of the Constitution of India has been preferred by the petitioner alleging pressure tactics on the part of respondents being applied in compelling her to live with her parents when on her own accord, she had left the house. 2. Counsel for the petitioner submits that the petitioner is a major girl and had attained the age of maturity on 01.01.2023 as is reflected from her mark sheet of X Class where, her date of birth is shown as 01.01.2005 and just prior to attaining the age of maturity in the month of December, 2022, since she had left the house on her own volition in consequence of which, parents of the petitioner had lodged a complaint against one Deepak Jatav for kidnapping her. On the basis of said complaint, FIR No.0377 of 2022 dated 07.12.2022 was recorded by PS Dehat Shivpuri and now on the pretext of the said FIR, the police is pressurizing the petitioner to go back to her parents. 3. Limited prayer has been made by counsel for the petitioner that a direction may be issued to the police authorities to take the statement of the petitioner in regard to the aforesaid FIR and conclude the proceedings, and as she is major, the police authorities may be directed not to pressurize the petitioner in any way. 4. Aforesaid prayer though is not opposed by Government Advocate Shri A.K.Nirankari but it is stated that FIR was registered against one Deepak Jatav when the girl was below the age of 18 years and the police is duty bound to investigate the matter as per provisions of Code of Criminal Procedure and if the petitioner is aggrieved by inaction or the investigation part of the police authorities, she may approach the concerned Magistrate under Section 156 of Cr.P.C. Thus, he prayed for dismissal of the Writ Petition. 5. Considering the over all facts and circumstances of the case and on perusal of the record, this Court deems it fit to direct the petitioner to get her statement recorded before the police authorities and submit her documents in relation to her age and the police authorities in turn, are directed to consider the statement of the petitioner as well as the documents with regard to her age and take appropriate action. This Court hopes and trusts that no coercive measures would be adopted against the petitioner by the authorities. 6. With the aforesaid directions, this petition stands disposed of.