Madras HC Directs Police To Ascertain Cases Of Consensual Relationship Of Minors, Says It Can Quash Proceedings If Against Children’s Interest

The Madras High Court while dealing with a case has directed the police to ascertain all the cases falling under the category of consensual relationship of minors. It said that the court can quash the proceedings if they are ultimately against the interest and future of children.

A Division Bench comprising Justice N. Anand Venkatesh and Justice Sunder Mohan said, “… ascertain all those cases falling under the category of consensual relationship. Out of the 1274 cases, it has to be ascertained as to how many cases fall under the category of consensual relationship. If those cases are segregated from the pending cases, it will be easy for this Court to deal with them and in appropriate cases, this Court can also exercise its jurisdiction and quash the proceedings if the proceedings are ultimately going to be against the interest and future of the children involved in those cases and it is found to be an abuse of process of Court / abuse of process of law.”

The Bench observed that there are a total of 21 cases that are pending at Puducherry either at the stage of investigation or pending trial and similarly 6 cases are pending in Karaikal and two cases pending in Yanam either at the stage of investigation or pending trial.

Amicus Curiae Vidhya Reddy assisted the court while Additional Public Prosecutor appeared on behalf of the respondent police.

In this case, an earlier order was passed directing the investigation officer to file a report before the Juvenile Justice Board before June 30, 2023, and hence the same was filed. The minors in relationship then appeared before the concerned court to enable the Juvenile Judge to record their statements.

The High Court after considering the report and submissions of the counsel noted, “We are able to see that a lot of effort has gone into the preparation of the report and we place on record our appreciation for the efforts taken by the Director General of Police and also the Additional Director General of Police, Crimes against Women and Children, O/o. DGP, Chennai. The report gives a fair idea as to the number of cases which are actually pending in the State of Tamil Nadu.”

The Court also noted that for the period from 2010 to 2013, a total of 1728 cases were registered and out of these, 1274 cases are pending.

“… the respondents are directed to come up with the plan of action to be taken on each issue that has been flagged in the reports filed before this Court. … There will be a direction to the Director General of Police to identify cases involving consensual relationship from among the 1274 pending cases and a separate list shall be placed before this Court”, directed the Court.

The Court further ordered that while identifying such cases, a brief note on the facts of the case shall be prepared in order to enable it to understand and take a decision accordingly and that the brief note shall also be accompanied by the 164 statement recorded from the victim.

“We find that there is lack of sensitivity / empathy on the part of CWC and the Juvenile Justice Board, in some of the cases. … The Social Welfare Officers and the Police seem to be acting as per the directions of CWC and Juvenile Justice Board without any independent say”, said the Court.

The Court concluded that the respondents shall come up with a standard operating procedure for conducting the Potency Test by merely collecting the blood sample and that upon receipt of the report, further orders will be passed.

Accordingly, the Court posted the matter for the next hearing on August 11, 2023.

Cause Title- Kajendran v. Superintendent of Police and Others

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