Case Note & Summary
The applicants, comprising the biological mother (applicant no.3) and the adoptive parents (applicants no.1 and 2), sought quashing of FIR No.0270/2022 registered at Rana Pratap Nagar Police Station, Nagpur, for offences under Sections 80 and 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), and the consequent charge sheet. The FIR was lodged by an Assistant Police Inspector on the directions of the Child Welfare Committee (CWC), alleging that the biological mother had given her child in illegal adoption to the adoptive parents. The investigation culminated in a charge sheet alleging the same offences. The applicants approached the Bombay High Court under Section 482 of the Code of Criminal Procedure, 1973, arguing that no prima facie case was made out as there was no element of 'sale' or 'purchase' of the child, which is essential for the offences under Sections 80 and 81 of the JJ Act. The court examined the allegations and found that the child was transferred without any monetary consideration, and the biological mother had voluntarily given the child to the adoptive parents. The court held that the essential ingredient of 'consideration' was missing, and therefore, no offence under Sections 80 and 81 was made out. The court quashed the FIR and the charge sheet, observing that continuing the proceedings would be an abuse of the process of law.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - FIR and charge sheet under Sections 80 and 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015 quashed as no prima facie case made out - The child was transferred by biological mother to adoptive parents without any monetary consideration, thus not amounting to 'sale' or 'purchase' under the Act - Held that continuation of proceedings would be an abuse of process of law (Paras 1-20).
B) Juvenile Justice - Illegal Adoption - Sections 80 and 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015 - Offence of sale and purchase of a child requires element of 'consideration' - Mere transfer of custody without any monetary or other benefit does not attract these provisions - Held that the allegations do not disclose any offence (Paras 10-18).
Issue of Consideration
Whether the allegations in the FIR and charge sheet make out a prima facie case for offences under Sections 80 and 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015, warranting continuation of criminal proceedings against the applicants.
Final Decision
The Bombay High Court allowed the criminal application and quashed FIR No.0270/2022 dated 02.07.2022 and the consequent Final Report/Charge Sheet No.205/2022 dated 28.12.2022.
Law Points
- Section 482 CrPC inherent powers
- quashing of FIR
- no prima facie offence
- illegal adoption
- sale and purchase of child
- consideration
- Sections 80 and 81 JJ Act
Case Details
2023 LawText (BOM) (10) 221
Criminal Application (APL) No. 1420 of 2022
Shri R.T. Anthony for the Applicants, Shri S.S. Doifode, APP for Respondent No.1
Shrikant S/o Khushal Patil, Mrs. Sanju W/o Shrikant Patil, Jayashree Wd/o Sanjay Dudhkaware
State of Maharashtra, Child Welfare Committee (deleted as per order dated 5/12/2022)
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Nature of Litigation
Criminal application under Section 482 CrPC seeking quashing of FIR and charge sheet for offences under Sections 80 and 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
Remedy Sought
Quashing of FIR No.0270/2022 dated 02.07.2022 and Final Report/Charge Sheet No.205/2022 dated 28.12.2022.
Filing Reason
The applicants were accused of illegal adoption of a child, allegedly in violation of Sections 80 and 81 of the JJ Act.
Issues
Whether the allegations in the FIR and charge sheet make out a prima facie case for offences under Sections 80 and 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015?
Whether the continuation of criminal proceedings against the applicants would be an abuse of the process of law?
Submissions/Arguments
The applicants argued that no offence under Sections 80 and 81 of the JJ Act is made out as there was no sale or purchase of the child; the biological mother voluntarily gave the child to the adoptive parents without any consideration.
The State opposed the application, submitting that the allegations prima facie disclose the commission of offences under the JJ Act.
Ratio Decidendi
For an offence under Sections 80 and 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the essential ingredient is the 'sale' or 'purchase' of a child for consideration. In the absence of any monetary or other consideration, the mere transfer of custody of a child by the biological mother to adoptive parents does not constitute an offence under these provisions. Therefore, the FIR and charge sheet are liable to be quashed under Section 482 CrPC to prevent abuse of process of law.
Judgment Excerpts
This Criminal Application invokes this Court’s inherent powers under Section 482 of the Code of Criminal Procedure, 1973 to quash FIR No.0270/2022 dated 02.07.2022 registered against the Applicants at Rana Pratap Nagar Police Station, Nagpur for offences punishable under Sections 80 and 81 of the Juvenile Justice (Care and Protection of Children) Act 2015, (JJ Act) and the connected Final Report/Charge Sheet No.205/2022 dated 28.12.2022.
The FIR alleges that the Applicant No.3, biological mother of the child had given this child in illegal adoption to the Applicant Nos.1 and 2, the adoptive parents and thus the Applicants had committed an offence under Sections 80 and 81 of the JJ Act.
Procedural History
FIR No.0270/2022 was registered on 02.07.2022 at Rana Pratap Nagar Police Station, Nagpur, on the complaint of Swati Devdhar, Assistant Police Inspector, acting on directions of the Child Welfare Committee. Investigation culminated in Final Report/Charge Sheet No.205/2022 dated 28.12.2022. The applicants filed Criminal Application (APL) No.1420 of 2022 under Section 482 CrPC seeking quashing. Notice was issued, and the State filed a reply dated 07.12.2022 opposing the application. The court heard the matter and delivered judgment on 10.10.2023.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 482
- Juvenile Justice (Care and Protection of Children) Act, 2015: Sections 27, 80, 81
