PIYUSH SHARMA Vs. STATE OF C.G.

JUDGEMENT

(1.) The petitioner seeks quashing of the First Information Report (FIR) bearing Crime No. 616/2017 registered at Police Station, Bemetara, District Bemetara, against the petitioner for the offence punishable under Sec. 354 of the Indian Penal Code and Sec. 8 of the Protection of Children from Sexual Offences Act, 2012.

(2.) As per the prosecution the case, on 16/10/2017, the complainantrespondent No. 2 has lodged report before the Police Station, Bemetara, alleging that for the last one year, the petitioner has been teasing her daughter who was studying in Class IX. The further case of the complainant is that her daughter always complained about the petitioner 's behavior and also his action to towards her. It is further alleged in the report, that the petitioner abused her daughter with filthy language and also committed sexual assault on her.

(3.) After having come to know about the aforesaid FIR, the mother of the petitioner/accused has given the representation before the Collector as well different authorities for fair investigations. In the representations, the mother of the petitioner has specifically stated that the petitioner is studying at Bilaspur in I.T.I course and he was not residing at Bemetara for last one year, therefore there is no question to tease the respondent No. 2 's daughter at that point of time. As a matter of fact, due to plucking of flowers there was some dispute between the mother of the petitioner and the respondent No. 2. and in order to take revenge, the respondent No. 2 has lodged a false complaint. In the representations, it was specifically contended that before registering the offence, the police authority has not sent the matter before Child Welfare Committee for proper enquiry as the petitioner is also a juvenile and in such circumstances the enquiry by the said committee is required as per law.