|Originally posted by : joy
||Hi, This is regarding a minor. He is 11 yrs. old. He has 'out of adventure' taken out a scooty that was left unlocked by the owner. He drove the scooty for some time before it was found out and the parents reprimanded him and handed over the keys to the owner. Both families live in the same society, in fact in the same building. But by that time the owner had already lodged the lost complaint. Hence an FIR against an unknown person regarding the missing scooty was booked. The police came and scanned through the cc tv footage. The zeroed on the boy. The parents were subsequently called and the police said that though it was a juvenile they will have to complete the FIR procedure and thus the boy along with the parents will be produced in front of the Juveline court in due course. Post one hearing the case shall be withdrawal and no record will be created against the boy. Now my question is, Is this how the procedure will be in reality? Will there be any complications with regards to the boy or his future? Can he be jailed or sent to any sort of custody or the matter be simply quashed as stated by the Police? Is there anyway this FIR cab be withdrawn considering that it was completely a childish thing with the boy having no real purpose of stealing the vehicle ..but just for fun he took it for a drive
Both the parties can inform the IO and Magistrate for disposal under the settlement by negotiation. The magistrate will consider the settlement by negotiation.
For that, the complainant has to provide a statement before the Magistrate for the settlement.
Don't worry. Courts are not to harass people, but to honor the LAW. Natural justice will be delivered.
In this case, no magistrate will go to rule out anything that might destroy the future of the juvenile. But he has the power and authority to warn or impose a penalty on the guardian of the juvenile. Nowadays, courts usually warn or impose a penalty on the guardians in such cases.
The scooty was reported as stolen, but not stolen indeed. Don't be scared of IO's sayings. Most cops use this kind of unethical practice. Cop's duty to ensure safety and security, not to harass people. The court will listen to the complainant and decide what do to. Hence if the parties have come into a negotiation for settlement, then there is no point to be scared of the IO or any police in this case.
If the complainant party doesn't come to the settlement by negotiation, let the boy say the fact before the Magistrate. The Magistrate is a human, he is not there to harm the future of the boy. So, don't worry at all.
Just keep calm and wait for the date of the case without any fear.
All the best. And keep posting about the happenings so that the forum users get their answers they are looking for.