The legal principle affirms the protection of adoption rights under juvenile justice provisions, quashing wrongful criminal allegations against caregivers.

ORDER

The petitioners are accused Nos.2 and 3 in S.C.No.797 of 2016 on the files of the First Additional Sessions Court, Palakkad. The allegation against them is that they, along with the 1^st accused, committed the offences punishable under Sections 317 and 370 IPC read with Section 34 .

2. The prosecution case is summarised as follows:

The 1^st accused, during the year 2010, sold his two months old male baby to the petitioners herein for the purpose of slavery, for an amount of Rs.50,000/-. It is alleged that CW1, who is the mother of that baby, was assured by the 1^st accused that the baby was handed over to the petitioners for bringing him up in better living conditions. Accordingly, the petitioners are alleged to have committed the aforesaid offences.

3. In the present petition, the petitioners would contend that they are totally innocent, and that they have been falsely implicated in this case. It is further contended that the Child Welfare Committee, Palakkad, by its order dated 11.06.2014, has made it clear that the child has been properly brought up by the petitioners. It is the further contention of the petitioners that the Additional District Court - III, Salem, as per order dated 17.12.2015 in A.D.O.P.No.226 of 2015, had accorded permission to the petitioners for taking the above child in adoption.

4. Heard the learned counsel for the petitioners and the learned Public Prosecutor representing the State of Kerala.

5. Annexure B is the order dated 11.06.2014 of the Child Welfare Committee, Palakkad, on the matter of the allegation that the child involved in this case is being exploited by the petitioners. It could be seen from the above said order that the Child Welfare Committee, after conducting a detailed investigation, was convinced of the fact that the child concerned is being looked after properly, and that he is being educated by the foster parents. However, the Child Welfare Committee, had ordered the transfer of the above child to the Child Welfare Committee, Salem, for the best interests of that child. It is thereafter that the petitioners approached the District Court concerned for getting the child on adoption. Annexure C is the copy of the order passed by the Additional District Court - III, Salem, in A.D.O.P.No.226 of 2015, as per which, the petitioners were granted permission to take the child on adoption as per the relevant provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 , and the Rules framed thereunder. Thus, it is apparent from the above judicial order of the competent court that the child is now in the proper custody of the petitioners. Moreover, there is absolutely nothing on record to show that the child was subjected to exploitation by the petitioners in order to attract the offence under Section 370 IPC . Needless to say, the criminal prosecution launched against the petitioners is an abuse of process of court, which has to be terminated in exercise of the inherent powers of this Court under Section 482 Cr.P.C.

In the result, the petition stands allowed. The proceedings against the petitioners / accused Nos.2 and 3 in S.C.No.797 of 2016 on the files of the First Additional Sessions Court, Palakkad, which arose out of Crime No.546 of 2014 of the Walayar Police Station, Palakkad, are hereby quashed.

Sd/-