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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
ASWATHY NARAYANAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. introduction of case and abandonment context. (Para 1 , 2) |
| 2. examination of legal definitions around abandonment. (Para 3 , 4) |
| 3. court’s distinction between jj act and ipc. (Para 6 , 7 , 8) |
| 4. final observations and dismissal reasoning. (Para 9 , 11) |
ORDER
Dated : 26th March, 2026 The 1st accused in S.C.No.315/2025 on the file of the Additional Sessions Court-I, Thalassery arising out of crime No.777/2024 of Peringome police station, Kannur, filed this Crl.M.C under Section 528 of BNSS praying for quashing all further proceedings against her. The offences alleged against the petitioner and the co-accused are under Sections 75 and 87 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short, JJ Act).
2. The prosecution case is that the accused, who is the mother of a three year old child suffering from autism, on 5.11.2024 at about 6.30 pm, abandoned the child and eloped with the 2nd accused, her paramour.
3. According to the learned counsel for the petitioner, in order to attract the word 'abandon' the conduct of the accused should be calculated to leave a child, exposed to risk without protection. He has also relied upon the definition of the w
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