BRIJESH KUMARI Vs. STATE

JUDGEMENT

(1.) Heard. It is submitted by learned counsel for the petitioner that the petitioner is a young girl aged 17 years and happened to be sister-in-law (sister of the husband).

(2.) According to the FIR, petitioner/accused is alleged to have committed offences under Sections 307/498A/34 Indian Penal Code converted into Sections 304B/498A/341PC. In the submission of Mr. Butalia, learned App, offence allegedly committed is under Section 302 Indian Penal Code.

(3.) Having regard to the facts and circumstances and also that the petitioner is a girl aged about 17 years and in view of the decisions reported in 1991 Cri. L.J. 1052 & 1335, and in view of the provisions contained in Section 18 of the Juvenile Justice Act, 1986 and proviso to sub-Section (1) of Section 437 Cr. P.C. I am inclined to exercise the discretion in .favour of the petitioner.