Jitendra Gochhayat (Developer) 06 March 2023

Jewellery stolen by my niece

Dear Sir,
Hope you are doing well.

Five months back on the occasion of Ganesh Chaturthi, jewellery of 5 lacs was stolen from my bedroom. The Godrej was locked. We didn't file FIR because of Lack of surety .We were still searching around.

Last week, we got a call from my brother-in-law that the jewellery was stolen by my niece and she has handed over that to his boyfriend.Not only from my room, she has stolen many jewellery items from other relatives and neighbours.His boyfriend has been taken into custody.

My brother in law informed us to reach the police station immediately where many people were gathered to convey to the police that they have also lost their gold items.

It was late at night when we reached the police station which is 18 km from my room. Nobody was there.So, we visited my brother-in-law’s house.My niece admitted in front of us that she had stolen jewellery from my home.Here the main culprit is my niece.She has admitted in front of police regarding the crime.

Next day, my misses and I reached the police station and discussed the matter.The police constable showed us some jewellery pics collected from the thief ( boyfriend of my niece) and asked us to recognise them.

We recognised all our jewellery items .The police just noted our name and address and asked us not to disturb them till the jewellery is recovered.

My niece and his boyfriend both are below 18 years old.So their family members reached the police station to mutually compromise the matter.But they failed to do that.

On 24th february, the thief was forwarded to court and my niece still not taken into custody because she is going to give matriculation exam as sources said.So, the case got delayed by the police.

Questions:

1) Though my niece admitted in front of police that she has stolen jewellery from my room and we haven’t filed FIR for 5 months, will there be any difficulties to get the jewellery items from the police due to lack of FIR ?

2) Police has already recovered the stolen jewellery from the thief and has forwarded to court as sources said.

3) I have photos of my jewelleries but I don’t have receipts.Because, these are also stolen by her.So, is there any way to get back the jewellery items from court by producing photos only in the absence of FIR, jewellery receipts ?

What should be our legal proceeding to recover the jewellery items from the court ?

Please guide me.

Thanks,

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11 Replies

P. Venu (Advocate) 06 March 2023

The accused being minors, they would be tried by the Juvenile Court. You seek possession of the material from the said Court.

Jitendra Gochhayat (Developer) 06 March 2023

Thank you sir for considering the matter.The main concern is that I haven't filed FIR since 5 months and I don't have receipts of jewellery items.What will be the contstraints, I have to face in court to recover my jewellery ?

Jayjeet Das 07 March 2023

Fir is not registered against a minor. Only in cases of hideous crimes like murder, a fir is registered against a minor.

Jitendra Gochhayat (Developer) 07 March 2023

Thanks a lot.Can photos of jewellery is considered as a legal proof to recover gthe stolen items from court or receipts are mandatory.Because,I don't have the receipts, these are stolen too.

Dr J C Vashista (Advocate) 12 March 2023

Question-wise reply is as under:

Q 1) Though my niece admitted in front of police that she has stolen jewellery from my room and we haven’t filed FIR for 5 months, will there be any difficulties to get the jewellery items from the police due to lack of FIR ?

Ans: No, the police has already informed you about recovered jewellary. It means the police has taken cognisance and inquiry is already in progress.

Q 2) Police has already recovered the stolen jewellery from the thief and has forwarded to court as sources said.

Ans: You are required to closely watch the proceedings of the Court / Juvenial Justice Board (as the case may be)

Q 3) I have photos of my jewelleries but I don’t have receipts.Because, these are also stolen by her.So, is there any way to get back the jewellery items from court by producing photos only in the absence of FIR, jewellery receipts ? What should be our legal proceeding to recover the jewellery items from the court ?

Ans: Yes, it can be taken back from court. Seek professional services of a local lawyer

1 Like

Jitendra Gochhayat (Developer) 13 March 2023

Thank You Dr J C Vashista Sir.Your inputs are precious for me.God bless you Sir.You can't imagine how happy I am.Today I received a call from police station.They asked us to visit the police station to collect our jewellery items.They asked to produce 3 copies of phographs of each jewellery items along with receipts.I will visit tomorrow along with photos and two receipts of 5 jewellery items.Hope they will agree on this.

Thanks again Sir

Sudhir Kumar, Advocate (Advocate) 15 March 2023

Originally posted by : Jayjeet Das

Fir is not registered against a minor. Only in cases of hideous crimes like murder, a fir is registered against a minor.

who said that FIR is not registered against minor. withou FIR how he will be ried by juvenile court.

Views expressed by Dr Vashista are to the point.

Jitendra Gochhayat (Developer) 15 March 2023

We went to the police station today to get the jewellery. The cops demanded receipts and photos. We provided postcard-sized photos of all jewellery items as well as two receipts out of five. They requested that we write an application or affidavit because we had not filed a FIR.

They requested that we identify our jewellery.

We discovered four items, but my baby's chain was missing

According to the police, they did not recover that one.

It costs around Rs30,000.

The police asked us to return because the ASI was not in the office at the time.

Why isn't the police serious about my baby's chain ?
Is there any chance that they are trying to hide it ?
The police convinced us to be happy with the items which are recovered only.They asked us to forget about the baby's chain.

Sudhir Kumar, Advocate (Advocate) 18 March 2023

the part jwellery is recovered because theives were yet to be professional and were child only.

since only part of jwellery is received you can concult your lawyer on feasibility of filing civil suit on your neice and her freind.

Jitendra Gochhayat (Developer) 25 March 2023

Hi Sir,

We visited to the police station to know any progress.The police asked us the sit and went to the IIC to discuss this matter.Then the police-in-charge told us that it's a court matter and they will forward our jewelleries long with the proofs to the court. They will call us when they will get notified from the court.We will got to this court and recognize our jewellery and own it as according to Police.

On the other hand, we discussed the police regarding the missing baby chain, they suggested us to arrange a meeting with the village head and try to settle it within yourself.We tried this idea, but it didn't work.My brother-in-law denied to give a single penny as compensation.My niece won't be arrested by the police because she is minor and the thief(boyfriend of my niece) acquitted by bail as sources told.

We are clueless.Should we rely on police and wait for their call or should we hire a lawyer now because, we haven't filed any FIR till now ?
We have no idea, how long such cases take to finish the judgement and how much the lawyer will charge in similar cases.

Please give me some advice.

Thanks