Kar HC | In the absence of any declaration that the child is deserted by his biological or adoptive parents or guardians; no offence can be made out under S. 80 JJ Act

Karnataka High Court

Karnataka High Court: Hemant Chandangoudar, J.,  allowed the petition and quashed the impugned proceedings initiated against alleged offence under Section 80 of Juvenile Justice (Care and Protection of Children) Act, 2015.

The facts of the case are such that a charge sheet was filed alleging that accused 1 gave birth to twin babies and accused 3, who was married and issue less through accused 4, intended to take the daughter of accused 1 on adoption. Accused 1 and 2 agreed for giving adoption to accused 3. Accused 1 delivered twin babies and one of the daughters had breathing problem and the said daughter was taken by accused 3 by registering the name of the mother as Jareena Begum and thereafter took the daughter of accused 1 and 2 on adoption by executing a deed on Rs.20/- stamp paper. The Magistrate took cognizance of the offence punishable under Section 80 of Juvenile Justice (Care and Protection of Children) Act, 2015 (for short `Act’) and issued summons to the petitioners. Assailing this, present petition was filed.

Counsel for the petitioners submitted that the child who is alleged to have been taken by adoption by accused 3 is not an orphan, abandoned or surrendered child so as to constitute the commission of offence punishable under Section 80 of the Act. Hence it was submitted that the charge sheet filed against the petitioners – accused is without any substance.

Counsel for respondent submitted that accused 3 having taken adoption of the child without following the provisions or procedure as provided under the Act have committed the offence punishable under Section 80 of the Act

The Court observed that a person is stated to have committed an offence, if he/she takes a child on adoption who is an orphan, abandoned or surrendered child without following the provisions or procedures as provided under the Act. It was further observed that in the present case, the allegation is that accused 3 has taken a child in adoption born to accused 1 and 2 who is not an abandoned child or orphan or surrendered child as defined under Sections 2(1), 2(42) and 2(60) of the Act.

The Court held “In the absence of any declaration that the child is deserted by his biological or adoptive parents or guardians, the filing of the charge sheet is also without any substance.”

[Banu Begum v. State of Karnataka, Criminal Petition No. 100659 of 2021, decided on 07-04-2022]


Appearances

For petitioners- Mr. M B Gundawade

For respondents- Mr. Ramesh Chigari


Arunima Bose, Editorial Assistant has reported this brief.

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