A lack of evidence demonstrating coercion or exploitation precludes liability under the specified criminal provisions.

O R D E R

Dated this the 20^th day of January, 2023 This Crl.M.C. has been filed to quash all further proceedings in C.C.No.639/2016 on the files of the Judicial First Class Magistrate Court-I, Perumbavoor (for short, 'the court below').

2. The petitioner is the accused. The offences alleged against the petitioner are punishable under Section 370 of the Indian Penal Code and Section 26 of the Juvenile Justice Act , 2000.

3. The prosecution case, in short, is that the petitioner has employed a minor victim boy, who has been impleaded as additional 4^th respondent, at his company in an unclean environment and thereby committed the offence.

4. I have heard Sri.Shaji Chirayath, the learned counsel for the petitioner and Sri.P.G.Manu, the learned Senior Public Prosecutor. Notice to the additional 4^th respondent is dispensed with.

5. The learned counsel for the petitioner submitted that even if the entire allegations in the final report are believed in its entirety, no offence under Section 370 of the Indian Penal Code or Section 26 of Juvenile Justice Act , 2000 is made out.

6. The crime was registered on the basis of the report of Assistant Labour Officer, Perumbavoor. Annexure A1/6 is the said report. The report would show that, on inspection of the company of the petitioner, he found that the minor victim was employed there. In order to attract Section 370 of IPC , it is necessary that the accused should recruit, transport, harbour, transfer, or receive, a person or persons for the purpose of exploitation, by using threat, or using force, or any other form of coercion, or by abduction, or by practising fraud, or deception, or by abuse of power, or by inducement, including the giving or receiving of payments or benefits. There is absolutely no case for the prosecution that, the accused recruited, transported, harboured, transferred or received the victim by using threat, force, or any other form of coercion, or by abduction, or by practising fraud, or deception, or by abuse of power, or by inducement, including the giving or receiving of payments or benefits. In order to attract Section 26 of Juvenile Justice Act , 2000, it is necessary that the juvenile or the child should be kept by the accused in bondage for the purpose of any hazardous employment, and the employer also should withhold his earnings. There is also no such case for the prosecution. That apart, the statement of the victim was not recorded. There are no materials to attract either the offence under of the Indian Penal Code or of , 2000.

Hence, I am of the view that no purpose will be served in proceeding further with the matter. Accordingly, all further proceedings in C.C.No.639/2016 on the files of the Judicial First Class Magistrate Court-I, Perumbavoor hereby stands quashed. The Crl.M.C. is allowed.