MP High Court Stays Proceedings Initiated By Children Against Parents For 'Starvation, Physical Abuse & Forbidding Them From Watching TV'

Madhya Pradesh High Court has stayed the trial court proceedings arising out of a FIR lodged against a couple by their 21-year-old daughter and an 8-year-old son, alleging harassment, including physical abuse, starvation and forbiddance from watching TV.

The single-judge bench of Justice Vivek Rusia allowed a stay application moved by the parents against the proceedings before Additional Sessions Court in Indore. The High Court has now adjourned the matter to September for further hearing. At the trial court, the matter is currently at the stage of arguments before the framing of charges.

It is pertinent to note here that the two siblings gave a written complaint to the SHO of Chandan Nagar Police Station on 24.10.2021. In the complaint, the children accused both their parents of meting out physical abuse and death threats. In addition to the above, the complainants also accused their parents of prohibiting them from watching TV, keeping them locked up in a dark room, and intentionally starving them.

Based on the above allegations, the police filed an FIR against the husband and wife. They were, in turn, charge-sheeted for offences under 342,323,294, 506 r/w 34 of IPC and Sections 75 [cruelty to child] and 82 [corporal punishment] of Juvenile Justice (Care & Protection of Children Act), 2015.

The children had also enumerated in the complaint that they ran away from their parent's house to their aunt's residence in June 2021. This was allegedly due to the abusive behaviour they were subjected to. Though the accused tried to forcefully take them back from the aunt's residence, even the local police station did not permit the same owing to the children's disapproval, and lack of assurance from other relatives.

The 21-year-old daughter, recounting the alleged instances of 'extreme mental and physical torture' also mentioned how her brother who is merely a child, leads his daily life in fear. According to the complaint, the victims were also troubled by their father's habit of intoxication and inhumane treatment when their mother was busy talking to other people on her mobile phone. The complaint from 2021 even goes on to state that her 8-year-old brother wets his pants to this date when he recalls the horrendous abuse allegedly meted out by their parents.

Last week, while hearing the Section 482 CrPC petition preferred by the parents, the court adjourned the matter since the counsel appearing on behalf of the children's aunt argued the case without filing vakalatnama. Hence, the court also imposed a cost of Rs 1,000/- to be deposited in the account of President and Secretary H.C. Employees Union H.C.

Advocates Madhusudhan Dwivedi appeared for the applicants. Public Prosecutor Mukesh Sharma represented the state. Advocate Shailendra Dixit entered appearance on behalf of Respondent No.2 aunt.

Case Title: Ajay Chouhan & Ors. v. The State Of Madhya Pradesh & Ors.

Case No: MCRC No. 30535 of 2022

Click Here To Read/Download Order