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HIGH COURT OF KARNATAKA
HEMANT CHANDANGOUDAR, J
SHAILA W/O. BASAVARAJ HIREMATH – Appellant
Versus
STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. complaint alleges child custody transfer without exploitation. (Para 1) |
| 2. section 370 defines trafficking involving exploitation. (Para 2) |
| 3. no allegation of exploitation; hence, section 370 does not apply. (Para 3 , 4 , 5) |
| 4. proceedings without essential elements are abuse of process. (Para 6 , 7) |
| 5. court allows petition, quashing the fir against petitioners. (Para 8) |
ORAL ORDER
1. Respondent No.2 lodged an FIR alleging that accused No.3, who is the biological mother of the child, handed over the child to accused Nos.1 and 2 to take care of. Based on this complaint, the police registered FIR No.52/2023 for offences punishable under Sections 370 , 317 , 363 read with Section 34 of the Indian Penal Code ( IPC ).
2. Section 370 IPC – Trafficking of Persons:
Section 370 IPC defines trafficking as the recruitment, transportation, harboring, transfer, or receipt of persons by means such as threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement, for the purpose of exploitation.
Exploitation under this section includes physical or sexual exploitation, slavery or practices akin to slavery, servitude, or forced removal of organs. The consent
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