Bombay HC quashes FIR against 9 year old boy whose cycle hit woman

The Bombay High Court while quashing an FIR registered against a 9 year old cyclist who allegedly injured a 62 year old woman at a Suburban housing society has expressed displeasure over the Mumbai police action stating that it had traumatized the boy and reflected complete non application of Mind by the officer concerned.

The court directed the Maharashtra government to pay rupees 25000 to the petitioner within 8 weeks and that the cost to be recovered from police officer responsible for registering the FIR. The court said it was shocked and surprised that police had a registered and FIR against a minor boy and observed that it was nothing but an accident which was clearly unintentional.

The court also pulled up the Dongri metropolitan magistrate Court for not passing any appropriate orders on the C summary report filed by police in the case.

Advocate Shravan Giri for the petitioner submitted that no FIR could have been registered against the minor boy as section 83 of the Indian Penal Code stipulated nothing is an offence which is done by a child above 7 years of age and under 12 who has no attended sufficient maturity to church the nature and consequences of a conduct on that occasion and that there for no action was required to be taken by police on the complaint. Giri submitted the boy had been traumatised by the media coverage of the case and that fire be quashed.