Shivani Thakur
Published on: May 10, 2022 at 16:18 IST
The Karnataka High Court ruled that in absence of a declaration that a child is deserted by biological or adoptive guardians or parents, the filing of charge sheet under Section 80 of Juvenile Justice Act of 2015 is without any substance.
Section 80 of the JJ Act deals with punishment for adopting an orphan/abandoned child without following the procedure.
In this Case, the prosecution alleged that Accused no.3 had illegally adopted the child of Accused No. 1 and 2. The Magistrate took cognizance and the accused were summoned.
The accused approached the High Court and submitted that the child in question is not an orphaned or abandoned child.
While referring to the Case, the court said that the child is not an orphaned or abandoned child, and in absence of a declaration that the child is deserted by adoptive or biological parents, the filing of the Charge-sheet is without any substance.
The Court allowed the instant Petition and quashed the Criminal Proceedings initiated against the Petitioners.