Prosecution of a vehicle owner under Section 199A of the MV Act is unsustainable if the proceedings against the juvenile driver are terminated due to the failure to file the final report within the mandatory two-month period prescribed under the Juvenile Justice Act and Rules.

C.S.DIAS, J.

Dated this the 21st day of August , 2026

ORDER

The petitioner is the accused in C.C.No.437/2023 on the file of the Court of the Judicial Magistrate of First Class, Parappanangadi, ('Trial Court', in short), which has originated from Crime No.305/2023 registered by the Parappanangadi Police Station, Malappuram, alleging the commission of the offences punishable under Section 336 of the Indian Penal Code, 1860, (‘IPC’, in short), and Section 199A of the Motor Vehicles Act, 1988 ('MV Act', in short).

The essence of the prosecution case is that, on 21.03.2023, at around 16.10 hours, the accused permitted a juvenile to drive his scooter bearing Reg.No.KL-65-K-7268 through the Anjappura Ottummal beach public road in a manner endangering human life and bodily safety.

The petitioner asserts that he had not given his vehicle to a minor as alleged by the prosecution. In order to attract offences under Sections 199A of the MV Act, it is necessary that the vehicle was ridden by a juvenile. However, there is no material to substantiate that the petitioner's vehicle was ridden by a juvenile. Furthermore, even though the alleged incident took place on 21.03.2023, the Investigating Officer has not filed the social background report as against the juvenile before the Juvenile Justice Board, as envisaged under Rule 10(6) of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 ('Rules', in short). Due to non-filing of the final report within the mandatory period of two months, the prosecution against the juvenile has got terminated in light of Section 14(4) of the Juvenile Justice (Care and Protection of Children) Act, 2015 ('Act', for brevity). Consequently, the prosecution against the petitioner is unsustainable in law. Hence, Annexure A1 FIR and Annexure A2 final report and all further proceedings in C.C.No.437/2023 may be quashed.

I have heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel for the petitioner reiterated the contentions in the Crl.M.C. He relied on the decision of this Court in Sharafudheen v. State of Kerala [2024 (4) KHC 405], to substantiate his contention that, a prosecution against the guardian of a juvenile or owner of a motor vehicle under Section 199A of the MV Act can be initiated only if the information regarding the commission of an offence by the juvenile has been recorded in the General Diary and such information has been followed by a Social Background Report of a child in Form No.1 to the Juvenile Justice Board constituted under the Act and Rules, without any undue delay. In any given case, the final report in relation to the offence allegedly committed by the juvenile ought to be submitted before the Juvenile Justice Board within two months from the date of information in the General Diary, failing which the proceedings against the juvenile will stand terminated.

The learned Public Prosecutor does not dispute the fact that the final report has been not filed against the juvenile within the stipulated period of two months, as mandated under the Act and Rules.

In light of the principles laid down in Sharafudheen's case (supra), which I fully concur, and that the final report as against the juvenile has not been filed within the mandatory time period stipulated under Rule 10(6) of the Rules, which has led to the termination of the proceedings against the juvenile in view of Section 14(4) of the Act, I am satisfied that all further proceedings in C.C.No.437/2023 as against the petitioner is unsustainable in law. Hence, I am convinced that this is a fit case to exercise the inherent powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita.

In the aforesaid circumstances, I allow the Crl.M.C., by quashing Annexure A1 FIR, Annexure A2 final report and all further proceedings in C.C.No.437/2023 of the Trial Court as against the petitioner.