Dr. Kauser Edappagath, J
1. This Crl.M.C has been filed to quash all further proceedings in C.C.No.371/2021 on the file of the Judicial First Class Magistrate-I, Kannur under
Section 482 of Cr.P.C.
2. The petitioner is the 2nd accused. The 1st accused is one Sreeja who is the neighbour of the petitioner. The offence alleged against the petitioner
and the 1st accused is punishable under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the JJ Act).
3. The crime was registered pursuant to a complaint filed by the husband of the 1st accused who is arrayed as the 3rd respondent. It appears from the
records that the marital relationship between the 1st accused and her husband was not cordial. They have two children, one aged 21 and the other one
aged 17 years. Initially, the 1st accused left the company of the husband/3rd respondent on 6/5/2021. A complaint was filed by her husband to the
police. Accordingly, the police registered Annexure A1 FIR under Section 57 of the K.P Act. According to the prosecution, on investigation it was
found that the 1st accused along with the petitioner eloped leaving the minor child of the 1st accused alone at her home. Hence, after investigation, the
police filed final report against the 1st accused and the petitioner under Section 75 of the JJ Act.
4. I have heard Smt. Girija Gopal, the learned counsel for the petitioner and Sri. Sangeetha Raj, the learned Public Prosecutor. Even though notice has
been served on the 3rd respondent/defacto complainant, there is no appearance.
5. The learned counsel for the petitioner Smt. Girija Gopal submitted that, even if the entire prosecution allegations are taken at their face value, no
offence under Section 75 of the JJ Act is made out as against the petitioner. The learned counsel invited my attention to Section 75 of the JJ Act. It
reads as follows:
“Whoever, having the actual charge of, or control over, a child, assaults, abandons, abuses, exposes or wilfully neglects the child or causes or procures the child
to be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary mental or physical suffering, shall be punishable with
imprisonment for a term which may extend to three years or with fine of one lakh rupees or with both: xxxxxâ€
6. The essential ingredients necessary to constitute the offence under Section 75 of the JJ Act is that the child in question should be in the actual
charge of or control of the accused. In other words, for a prosecution under Section 75 of the JJ Act, abandonment or exposure or neglect of a child
or a juvenile must have been committed by a person having actual charge of or control over the child. In this case, even though initially the police
alleged that the petitioner and the 1st accused abandoned their respective children, in the final report the case of the prosecution is that the petitioner
and the 1st accused together eloped abandoning the minor child of the 1st accused alone. Admittedly, the petitioner herein has absolutely no
relationship with the minor child of the 1st accused/victim. The victim was not under the control or charge of the petitioner at the time of the alleged
incident or at any point of time. That apart, there is no case for the prosecution that the petitioner, being the person in actual control or charge of the
victim, has assaulted or abandoned or abused or exposed or neglected in a manner likely to cause the victim unnecessary mental or physical suffering.
Hence, no offence under Section 75 of the JJ Act will be attracted as against the petitioner. There is no charge under Section 87 of the JJ Act so as to
rope in the petitioner with the aid of said Section. When prima facie case is not attracted, the jurisdiction vested with this Court under Section 482 of
Cr.P.C can be invoked to quash the proceedings.
For the reasons stated above, I am of the view that no purpose will be served in proceeding further against the petitioner. Hence, all further
proceedings as against the petitioner in C.C. No.371/2021 on the file of the Judicial First Class Magistrate-I, Kannur hereby stands quashed. The
Crl.M.C stands allowed.
