Mumbai: HC quashes case against 10-year-old boy who accidentally crashed bicycle into an old woman

The mother with her son

After seven harrowing months, the mother of the 10-year-old boy, who was booked for accidentally causing injuries to an actor's mother while cycling in the society, heaved a sigh of relief on Friday. The Bombay High Court quashed the FIR against her son and demanded to know what action was taken against the ACP who has been accused of forcing the sub-inspector to book the boy.

The high court also ordered the state government to give a compensation of Rs 25,000 to the 10-year-old boy and his mother and asked to recover this amount from the police officers involved in the case.

Sub-Inspector Tanaji Patil of Vanrai police station, who filed the case, confirmed that the FIR has been quashed by the high court. "The name of the child will also be removed from the police records soon," he told mid-day.

10-year-old boy and his mother celebrate Diwali, on Sunday

mid-day has been consistently highlighting the plight of the family over the past seven months, including how the 10-year-old boy missed a school trip to Switzerland because of the active case against him.

The Vanrai police in Goregaon registered the FIR against the boy, who was 9 then, following the incident on March 27 at Lodha Fiorenza in Goregaon East. Actor Simran Sachdeva's 62-year-old mother was on her evening walk when the child accidentally rammed into her and she fell down. Sachdeva alleged that her mother had to undergo surgery for dislocation of a hip bone.

Also Read: Goregaon cycle mishap: Case against 9-year-old boy yet to be closed

After backlash from multiple quarters, including the Child Welfare Committee, the actor claimed she only wanted the cops to take action against the child's parents. The police in May filed a closure report in the Juvenile Justice Board in Dongri, stating that the FIR was a result of a misunderstanding. However, with ‘delay' in relief from the Juvenile Justice Board, the mother moved the High Court in August.

Best Diwali gift

"I am so happy. This [HC's order] is the best Diwali gift ever. I am grateful to mid-day for ensuring justice to my child by highlighting our plight. Because of the FIR, we faced so many problems in the society, with many residents raising objections against us. While the actress used her influence, the police misused their power to file an FIR against my boy. Both Assistant Commissioner of Police Sanjay Patil and SI Tanaji Patil should get the strictest punishments possible and removed from their jobs, so that they do not harass another mother and her child. Even my society members who became eyewitnesses in the case should be punished," she told mid-day on Sunday.

The child's mother, who is a senior director (Sales and Customer Support) at an MNC, alleged that ACP Patil had told her at the time that "timely apology would have avoided filing of the report."

She further alleged, "The juvenile judge shouted at the hearings and ordered the medical of my son to prove his age and for a maturity test, even though all proof was submitted. Moreover...my son's name appeared on the courtroom's walls and boards as a criminal. We suffered because of the personal grudge of the actress."

The HC order

In the order, HC bench of Justices Revati Mohite Dere and S M Modak noted that the boy was traumatised by the case and directed the registry "to delete the name of the child and photograph from police records and websites...no action ought to have been initiated by the police on the basis of the complaint lodged by Simran Sachdeva..."

The order further read, "The facts clearly reveal that it was nothing but an accident, which was clearly unintentional. The boy was only 9 years [old]. We are shocked and surprised that the police registered the FIR against a minor boy without having regard to [his] age... It appears that even before investigation, ‘C' Summary report was filed by the police... However, much damage was done to the boy by the allegations made against him and the publicity given to the said case [sic]."

Rs 25,000
Compensation to be given to mother and child