$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 10^th January, 2025 + CRL.M.C. 1909/2021 SMT RENU GARG W/o Shri Naresh Kumar Garg, R/o 32/77, IInd Floor, Near Vishram Chowk, Rohini, Delhi-110085 SH. NARESH GARG S/o Shri Late Jai Narain Garg, R/o 32/77, IInd Floor, Near Vishram Chowk, Rohini, Delhi-110085 .....Petitioners Through: Mr. Shiv Chgaran Garg & Mr. Imran Khan, Advocates Versus THE STATE .....Respondent Through: Mr. Shoaib Haider, Ld. APP for the State with SI Sangam Yadav, P.S.

Mayur Vihar CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral)

1. A Criminal Petition under Section 482 of the Criminal Procedure Code, 1973 read with Article 227 of the Constitution of India, 1950 has been filed to challenge the order dated 17.02.2021, vide which Charge under Signature Not Verified Digitally Signed CRL.M.C. 1909/2021 Page 1 of 10 Sections 363/370 read with Section 120B of the Indian Penal Code, 1860 and Sections 80 & 81 of Juvenile Justice (Care and Protection of Children)

Act, 2015 (hereinafter ‘JJ Act’) has been framed against the Petitioners.

2. The case of the prosecution is that on 19.08.2020 at about 02:00 PM, secret information was received by ASI Shailesh that one lady, Shahida, who is in the business of sale and purchase of children, has purchased a child of two-three months old, whom she would be bringing at Gazipur- Noida Road, New Barat Ghar Chilla Village for the purpose of selling. Accordingly, a raid was organized. The lady Shahida with a child in her lap, came at the spot and she was identified by the informant. She waited at the spot for about 20 minutes, but none came. As she was seen intending to leave, the raiding party apprehended her along with the child.

3. On enquiry, Shahida was unable to give any satisfactory explanation about the child; she along with the child were brought to the Office of the Special Staff, where she was thoroughly interrogated.

4. Shahida revealed that on 18.08.2020, she went to Burari on the directions of one Priyanka, who told that one lady, Shanti would give a baby for a consideration of Rs.4,00,000/-, out of which she had given the initial amount of Rs.70,000/-. She had gone to the spot at about 03:50 P.M. for the purpose of selling the child to the person whom Priynaka was supposed to bring, but because she failed to arrive, she was about to leave when she was apprehended by the police.

5. Accused/Shahida was produced before the Court of learned Metropolitan Magistrate and she was arrested and her confessional statement was recorded. The child was sent to Nirmal Chaaya as per Signature Not Verified Digitally Signed CRL.M.C. 1909/2021 Page 2 of 10 directions of CWC, Mayur Vihar.

6. During investigation, it revealed that one Kusum Lata was going to sell the infant to the relative of one Naresh. Notice was served upon Vikas, husband of Kusum Lata, for her alleged involvement in the case. Kusum Lata was arrested and her mobile phone was checked, which showed WhatsApp messages in regard to sale and purchase of the children. Kusum Lata also disclosed that in June, 2020 she had sold one new born child to Mr. Naresh Garg and his wife Smt. Renu Garg.

7. Shivam, a child of two month, named was recovered from the custody of Naresh Garg and Renu Garg i.e. the Petitioners herein. During investigation, Petitioners revealed that they were having medical complications and were not able to have a child. Naresh Garg revealed that through his elder brother, he was introduced to Dr. Kusum Lata who was running a Private Clinic. She told him that a poor family wanted to give away their child for adoption in lieu of sum of Rs.5,00,000/-. An Adoption Deed between Mrs. Putul, wife of Mr. Sukhdeb and Mr. Naresh Garg, son of Sh. Jai Narain Garg, was accordingly prepared, though it did not bear the signatures of either of Petitioners i.e. Naresh Garg and Renu Garg or of the alleged natural parents. Also, Kusum Lata did not arrange a meeting with the parents of the child.

8. Si