JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS criminal miscellaneous case is field by the petitioner, who is the accused in S.T.No.779/2012 on the file of the Judicial First Class Magistrate Court, Ettumanoor, to quash the proceedings under Section 482 of the Code of Criminal Procedure (hereinafter called the 'Code').

(2.) IT is alleged in the petition that he was made an accused in Crime No.844/2011 of Gandhi Nagar Police Station, alleging that he had committed the offence punishable under Section 23 of Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter called the 'Act'). The crime was registered on the basis of the allegation that, the girl child aged below 18 years was brought to the house of the petitioner and without providing education, kept in the house for three years and she was asked to do some work in the house, thereby he had committed the offence punishable under section 23 of the above said Act. After investigation, final report was filed before the Judicial First Class Magistrate Court, Ettumannoor, and it was taken on file as S.T.No.779/2012. Even assuming that the entire allegations are accepted as true, there is no offence under section 23 of the Act is attracted. Further the victim girl has no case before the police that she was subjected to cruelty and in fact her statement will go to show that she has been looked after by them affectionately. So under the circumstances, even if the case is allowed to proceed, there is no possibility of conviction, as no offence is made out. It will only an abuse of process of court. So he prayed for the intervention of this court to quash the proceedings and filed this application, seeking the following relief:

(3.) THE counsel for the petitioner submitted that even going by the allegations in the final report and also the statement of the victim girl, no offence under Section 23 or any other Provisions of the Act can be attracted. So, there is no purpose in allowing the prosecution to continue and he prayed for quashing the proceedings.