XXXXXXXXXX Vs. STATE OF KERALA

JUDGEMENT

(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 Sec. 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 Sec. 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 Sec. 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 Sec. 75 of the JJ Act.