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2026 Supreme(Online)(Ker) 22113

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
... .... – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.VARGHESE C.KURIAKOSE, SMT.AMRITHA.J, SHRI.KURUVILLA MATHEW, SHRI.VIPIN C. VARGHESE
For the Respondents: SRI.D.ARUN BOSE, SRI.K.VISWAN, SMT.P.S.POOJA

Table of Content
1. petition for quashing based on abandonment. (Para 1 , 2)
2. opposition to proceedings by public prosecutor. (Para 3 , 4)
3. evidence of abandonment and its impact on children. (Para 5 , 6)
4. interpretation of guardianship under relevant law. (Para 8)

ORDER

Dated : 26th March, 2026 The accused in Crime No.641/2021 of Panoor Police Station filed this Crl.M.C. under Section 482 Cr.P.C. praying for quashing all further proceedings against her. The offence alleged against the petitioner is under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 .

2. The prosecution case is that, the petitioner, who is the mother of two minor children abandoned them and eloped with her paramour and thereby she is alleged to have committed the aforesaid offence.

3. According to the learned counsel for the petitioner, it is a false case foisted against her at the instance of the 3rd respondent, who is her husband. Therefore, he prayed for quashing the proceedings against the petitioner.

4. The petition was strongly opposed by the learned Public Prosecutor.

5. It appears that originally, Crime No.552/2021 of Panoor Police Station was registered under Section 57 of

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