UMA DEVI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) These petitions have been filed to quash the proceedings in C.C.No.8014 of 2018 on the file of the V Metropolitan Magistrate, Egmore, Chennai, thereby taken cognizance for the offences punishable under Sections 294(b), 342, 406, 506(ii) IPC r/w 75 and 77 of Juvenile Justice Act.

(2.) The learned Senior Counsel appearing for the petitioner in Crl.O.P.No.29665 of 2018 submitted that there is no material or evidence to substantiate the charge as alleged by the second respondent herein. The alleged occurrence said to have been taken place in the month of January, 2018 and the second respondent has chosen to lodge complaint after seven months i.e., in the month of August, 2018. The first respondent did not follow the procedure contemplated under Section 31 of the Juvenile Justice Act. Since the first respondent ought to have been recorded statement from the juvenile before the committee as contemplated under Section 31 of Juvenile Justice Act, as such the entire proceedings vitiated. The offence under Section 75 of the Juvenile Justice Act is not at all attracted as against the petitioner, since it is applicable only to the persons, who have control over the children who have been subjected to cruelty. Even as per the case of the complainant, the first accused is said to have been mixed the sleeping pills with the milk and given to the children. Therefore there is no question of administration of Narcotic drug or Psychotropic substances on the children.

(3.) Per contra, the learned counsel appearing for the second respondent/defacto complainant submitted that there are two accused, in which the petitioner in Crl.O.P.27783 of 2018 is arraigned as A1 and the petitioner in Crl.O.P.No.29665 of 2018 is arraigned as A2. The first accused is the wife of the second respondent/complainant. The second respondent and the first accused got married on 06.07.1997 and gave birth to two children by twins. In fact at the time of marriage, the second respondent was working as clerk in the Railway Cooperative Society and the petitioner/A1 in Crl.O.P.27783 of 2018 had just completed her graduate and thereafter the defacto complainant has spent money for her master degree in Physical Education. While being so, the second accused was introduced by the sister of the first accused, who hails from Delhi. They developed friendship and with his help, the first accused interested in politics and also spent money lavishly. Utilizing these circumstances, the second accused falsely represented that he has so many links in the national parties and he could get the seat for MLA or MP election in Tamil Nadu, and thereby they developed illicit relationship. He is the paramour of first accused and very often he used to visit in the absence of the second respondent/defacto complainant. When the second respondent has questioned with his children, they informed that the accused persons used to administer sleeping pills on them with milk and put them inside the room and looked the door. Whenever they woke up, the accused persons used to threatened them by saying that should not revealed the said incident. It was happened regularly for so many days and out of fear the children also did not reveal the same.