TION Criminal Appeal No 672 of 1989
From the Judgment and Order dated 1621988 of the Madras High Court in Crl
Petition No 12389 of 1987
R Mohan and RA Perumal for the Appellant
RK Jain Mrs Aruna Mathur and A Mariarputham for the Respondents
The Judgment of the Court was delivered by M FATHIMA BEEVI J
Special Leave granted
The appellant married the first respondent on 294
They lived together until 1982 and have two children
They separated and the legal battle commenced in 1983
The first respondent moved the City Civil Court for divorce
The appellant instituted criminal complaint in the court of the Metropolitan Magistrate
The complaint was taken cognizance of for offences under Sections 494 496 498 A 112 114 120 120 B and 34 IPC against the respondents
It was al leged that the first respondent married the second respond ent while the proceedings for decree of divorce were still pending the marriage was performed secretly in the presence of respondent Nos 3 to 6
On the application of the first respondent the High Court by the impugned order quashed the proceedings before the Metropolitan Magistrate
Hence the appeal
Section 482 of the Code of Criminal Procedure empowers the High Court to exercise its inherent powers to prevent abuse of the process of Court
In proceedings instituted on complaint exercise of the inherent power to quash the pro ceedings is called for only in cases where the complaint does not disclose any offence or is frivolous vexatious or oppressive
If the allegations set out in the complaint do not constitute the offence of which cognizance is taken by the Magistrate it is open to the High Court to quash the same in exercise of the inherent powers under Section 482
It is not however necessary that there should be a meticu lous analysis of the case before the trial to find 167 out whether the case would end in conviction or not
The complaint has to be read as a whole
If it appears on a consideration of the allegations in the light of the state ment on oath of the complainant that ingredients of the offenceoffences are disclosed and there is no material to show that the complaint is mala fide frivolous or vexa tious
in that event there would be no justification for interference by the High Court
The High Court without proper application of the princi ples that have been laid down by this Court in Sharda Prasad Sinha vs State of Bihar   Trilok Singh and Others vs Satya Deo Tripathi 1980 86 CRL
LJ 882 AIR 1979 SC 850 and Municipal Corporation of Delhi vs Purshotam Dass Jhunjunwala and Others  proceeded to analyse the case of the complainant in the light of all the probabilities in order to determine whether a conviction would be sustainable and on such premises arrived at a conclusion that the proceedings are to be quashed against all the respondents
The High Court was clearly in error in assessing the material before it and concluding that the complaint cannot be proceeded with
We find there are spe cific allegations in the complaint disclosing the ingredi ents of the offence taken cognizance of
It is for the complainant to substantiate the allegations by evidence at a later stage
In the absence of circumstances to hold prima facie that the complaint is frivolous when the complaint does disclose the commission of an offence there is no justification for the High Court to interfere
We therefore allow the appeal set aside the impugned order and direct that the proceedings before the Magistrate shall be restored and disposed of in accordance with the law
PSS Appeal allowed


Summary:
This writ petition has been filed pleading for separate schools and hostels for the children of prostitutes
On behalf of respondents it was contended that since they are in fact unwanted children of prostitutes it is in the interest of such children and the society at large that they are segregated from their mothers and be allowed to mingle with others and become part of the society
Setting up a Committee consisting of 4 Advocates and 3 Social Workers to look into the matter and directing listing of the matter on receipt of the Committee s report this Court
HELD 1
Children of prostitutes should not be permitted to live in inferno and the undesirable surroundings of prostitute homes
This is particularly so for young girls whose body and mind are likely to be abused with growing age for being admitted into the profession of their mothers
While separate schools and hostels for prostitute children are not desirable accommodation in hostels and other refor matory homes should be adequately made available to help segregation of these children from their mothers living in prostitute homes as soon as they are identified
174H 175A B 2
The Committee now set up will look into the problems and submit its report within 8 weeks
175D This Court directed the Ministry of Welfare Deptt
of Women  Child Development functioning under the Union of India to deposit a sum of Rs20000 within two weeks to meet the expenses of the Committee