Affidavits affirming voluntary admission to an open shelter and absence of criminality warrant quashing of proceeding.

CORAM: HON'BLE MR. JUSTICE V. SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V. SRISHANANDA)

Heard Smt. Lakshmi G.E., and Sri M.G. Bhrungimath, learned counsels for the petitioners and Sri Veeranagouda Malipatil, learned High Court Government Pleader for the respondent No.1-State.

2. Pursuant to the directions of this Court, parents of the rescued girls and the Investigating Officer are present before this Court.

3. Affidavits came to be filed, which were sworn to by the parents of the rescued girls.

4. Affidavits read as under:

“AFFIDAVIT I, Smt. Sangeetha W/o Krishna aged above

40 years, Occupation: Kooli Work, residing at MSK Mill Road, Ashok Nagar, Near Water Tank, Kalaburagi, do hereby solemnly affirm and state on oath as under:

1. That I have four children, out of whom two daughters, Kumari Bhavani and Kumari Sanjana, have been voluntarily admitted by me to the Vishwa Bharathi Grameen Open Shelter. As I am a poor woman and unable to provide adequate food, accommodation, and education to my children, I humbly requested the management of Vishwa Bharathi Grameen to provide open shelter and necessary support to my minor daughters at their centre, in order to safeguard their best interests and welfare.

2. That as my husband does not provide any financial support for household expenses, we are living in extreme poverty. Therefore, I voluntarily admitted my two daughters, Bhavani and Sanjana, to the Open Shelter. The admission was done with their informed consent, in order to ensure their safety, care, and overall well-being.

3. That when I voluntarily approached the Vishwa Bharathi Open Shelter and requested admission for my daughters, the open shelter agreed and immediately produced before the Child Welfare Committee at Kalaburagi. During the proceedings, the Committee asked me to submit my daughters' Aadhaar cards. Thereafter, I, along with the Open Shelter staff, went to my house to collect the documents. However, before we reached, my husband had locked the house with two padlocks and left the premises. At that time, the staff took a photograph of the locked door and a selfie as proof. Therefore, to provide my daughters with a safe environment and proper care, I personally approached the said open shelter and requested shelter and education facilities for them.

4. That no force, threat, coercion, or undue influence was exerted by the said open shelter upon me or my daughters for seeking admission at the centre. The assistance was voluntarily sought by me, and the open shelter extended help solely to protect the welfare of my daughters.

5. That during my daughters' stay at the open shelter, I visited them occasionally. During those visits, they informed me that the arrangements were satisfactory, the food was good, and the staff treated them with affection and care, as if they were their own children.

6. That being financially unable to fully support my daughters, and after receiving detailed information from the open shelter about the facilities and the Open Shelter, I gave my informed consent for their admission.

7. That my daughters were never subjected to any neglect, mistreatment, or abuse at the open shelter. On the contrary, they received proper care, good moral support, and a secure environment conducive to their well-

being and development.

8. That I firmly believe the open shelter has acted lawfully and in the best interests of my daughters, prioritizing their safety, protection, and education. I express my sincere gratitude to the open shelter for their assistance during a challenging period in our lives.

9. That the said open shelter has maintained proper records and communication with me regarding the progress, health, and well- being of my da