RAJ SRINIVAS Vs. USHA K PILLAI

JUDGEMENT

(1.) The four petitioners herein are accused 1 to 4 in the complaint filed by Smt. Usha Pillai in C.C. 234/85 in the Court of the IV-Metropolitan Magistrate, Hyderabad. The petitioners ask for the quashing of the proceedings in the aforesaid C.C. No. 234/85 in exercise of the powers vested in this Court under S. 482, Cr.P.C.

(2.) A few facts relevant for the purpose of disposing of this petition may be noticed. The respondents daughter Geetha was married to Raj Srinivas, accused 1 in the complaint on 29-10-1976 at Hyderabad. After the marriage the first accused left for Ireland to prosecute further studies accompanied by his wife. On 27/07/1978 a female child named Nivedetta was born to Geetha. The first accused along with his wife and daughter left Ireland for the United States later. The respondent claims that the first accused and his wife entrusted Nivedetta in November 1979 to her care, as the maternal grand-mother, to bring up Nivedetta in India. It is further claimed that the relations between Geetha and the first accused were not very cordial in the United States and therefore Geetha returned to this country on 14-3-1980 and committed suicide and died on 21-3-1980 at the respondents house. It is further claimed that after the demise of Geetha the first accused converted himself to Christianity and married an American lady some time in 1983. The respondent filed an application O.P. 203/84 in November 1984 before the Chief Judge, City Civil Court, Hyderabad, to appoint her as guardian of the person of the minor Miss Nivedetta who continued to live in India with the respondent. The respondents contention was that for some unknown reasons the first accused wanted to remove Nivedetta from the custody of the respondent and came to India in December 1984 for achieving that purpose. It is alleged that with the connivance of accused 2 and 3, who are the sister and sisters husband of accused 1, and accused 4, an employee of accused 3, the first accused kidnapped Nivedetta from Bharatiya Vidya Bhavan School by making false representation to the Principal of the School. The respondent further alleged in the complaint that the first accused made false representation to the City Police that the passport of Nivedetta was lost and obtained a "Leave India Certificate". It is said that the passport of Nivedetta was actually with the respondent. The complaint filed by the respondent proceeds to say further that the first accused assisted by the remaining three accused proceeded to Madras along with the child Nivedetta. It is stated that the respondents son went to Madras on 15-12-1984 and reached the Airport to prevail on the first accused not to take away the child. While Nivedetta was crying and refusing to follow the first accused, it is said that the first accused put Nivedetta on the Aircraft and took her away to the United States via Singapore. Based on the aforesaid allegations the respondent sought prosecution of all the four accused for offences allegedly committed under S. 120B, S. 363, S. 34 and S. 109 and S. 420, IPC.

(3.) The petitioners urge that no offence is made out in the complaint filed by the respondent and the purpose of the complaint is to harass the accused for no offences committed by them. It is claimed that the first accused, as the father and the natural guardian, has a right to take away Nivedetta along with him and in doing so he committed no offence. It is further claimed that accused 2, 3 and 4 have unnecessarily been implicated in the matter and they did not commit any offence under the Penal Code. The petitioners, therefore, seek the intervention of this Court to quash the proceedings before the IV-Metropolitan Magistrate, Hyderabad, by exercising power under section 482, Cr.P.C.