Notice to juvenile board for continuing proceedings despite quashing of FIR

Saurabh Malik

Chandigarh, May 22

The Punjab and Haryana High Court has issued a show-cause notice to the presiding officer of Hoshiarpur Juvenile Justice Board, asking him to explain why he was still continuing with the proceedings against a “juvenile” even though an FIR in the matter, along with subsequent proceedings, were quashed in toto with regard to all petitioners-accused.

Justice Arvind Singh Sangwan also asked the HC Registrar-General to ensure that the explanation, to be furnished by the presiding officer, was received well before the next date of hearing. Taking up the matter, Justice Sangwan observed that the main petition in the matter was allowed by the HC vide order dated November 29, 2021, and FIR dated July 7, 2019, registered for causing hurt and other offences under Sections 324, 148 and 149 of the IPC at Mukerian police station in Hoshiarpur was quashed, along with all subsequent proceedings. The order was passed on the basis of a compromise between the parties.

Going into the background of the matter, Justice Sangwan added a perusal of the report submitted by Mukerian Judicial Magistrate First Class dated September 22, 2021, revealed that the victim/complainant made a statement before the court that he had entered into a compromise with all four accused in the case. As such, the entire FIR was quashed.

Justice Sangwan added the present application was placed before the Bench stating that the juvenile board at Hoshiarpur was not dropping the criminal proceedings against the petitioner as his age was shown to be 20 in the memo of parties of the present petition, though he was declared a juvenile.

Justice Sangwan added the trial court/illaqa magistrate dropped the proceedings with regard to three petitioners vide order dated January 6. “It is surprising that despite the FIR having been quashed by this court, the juvenile board on a hyper-technical ground is not dropping the proceedings against him, despite a lapse of about eight months which amounts to sheer violation of the order of this court,” Justice Sangwan added.