- 1 - NC: 2025:KHC:14999 WP No. 13729 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO.13729 OF 2024 (GM-RES) BETWEEN: 1. SMT. GIRIJA SOMASHEKAR W/O SOMASHEKAR AGED 46 YEARS RESIDING AT HARAGARAHALLI SAKLESHPUR, HASSAN- 573134. 2. SMT. USHA T AGED 40 YEARS W/O VIVEKA PRABHU B DEVAKI KRISHNA NILAYA UPPALLI NEW EXTENSION BEHIND JOY COFFEE CURING CHIKKAMAGALUR-577101. …PETITIONERS (BY SRI. P.P. HEGDE, SR. ADV., FOR SMT. RACHITHA RAJSHEKAR, ADV.,) AND: 1. THE STATE OF KARNATAKA BY SUB-INSPECTOR OF POLICE SAKLESHPURA RURAL POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BANGALORE- 560001. 2. SRI. KANTHARAJU AGED 34 YEARS CHILD PROTECTION OFFICER OFFICE OF DISTRICT CHILD PROTECTION OFFICER Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:14999 WP No. 13729 of 2024 HASSAN DISTRICT- 575001. …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 R/W SEC.482 OF THE CODE OF CRIMINAL ROCEDURE 1973, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION AS MAY BE DEEMED APPROPRIATE BY THIS HONBLE COURT, QUASHING THE FIR REGISTERED AS PER CRIME NO.0003/2024 OF SAKLESHPURA POLICE STATION, HASSAN FOR THE OFFECNES PUNISHABLE UNDER SECTIONS 370(4), 114 R/W 34 OF IPC VIDE ANNEXURE A IN SO FAR THE PETITIONERS ARE CONCERNED IN THE INTEREST OF JUSTICE & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The learned High Court Government Pleader accepts notice for respondent Nos. 1 and 2. 2. The petitioners, who are facing investigation in Crime No. 3/2024 registered by the Sakaleshpura Police Station, Hassan, for the offences punishable under Sections 370(4), 114 read with Section 34 of the Indian Penal Code, are before this Court seeking appropriate reliefs. 3. Respondent No. 2 lodged the First Information Report alleging that accused No. 1, the biological mother - 3 - NC: 2025:KHC:14999 WP No. 13729 of 2024 of a newly born male child, gave the child in adoption to accused No. 2 without following the due procedure established by law. Pursuant to the registration of the said crime, the Investigating Officer took custody of the child from petitioner No. 2 and handed over the child to respondent No. 2. The petitioners approached this Court under Article 226 of the Constitution of India, seeking a writ of habeas corpus directing the respondents to set at liberty the male child born on 13.11.2023 and to restore custody of the infant to the petitioners. 4. This Court, by order dated 16.04.2024, disposed of the said writ petition observing that the custody of the infant had already been handed over to petitioner No. 1. It was further observed that the petitioners shall resort to the proper procedure prescribed under law for adoption, and that the parties may work out their respective rights in appropriate legal proceedings. 5. Following the aforesaid directions, the petitioners performed the necessary religious and legal ceremonies and executed a registered adoption deed dated 23.04.2024, whereby the biological mother (accused No. 1) lawfully gave the child in adoption to accused No. 2, in accordance with the applicable legal provisions. Consequently, the child is presently in the custody of - 4 - NC: 2025:KHC:14999 WP No. 13729 of 2024 accused No. 2 and her husband and is being duly taken care of. 6. A perusal of the First Information Report reveals that the only allegation made is that petitioner No. 1 gave the child in adoption to accused No. 2 without complying with the legal formalities. There is no allegation that the adoption was effected for any monetary consideration, or that it involved any fraudulent, coercive, or deceptive act. Thus, the essential ingredients constituting the alleged offences under Sections 370(4), 114 read with Section 34 IPC, are not satisfied. The dispute, at best, is one involving procedural irregularities in the adoption process, which has since been cured through lawful means. In such circumstances, the continuation of the investigation would amount to an abuse of the process of law. 7. Accordingly, the petition is allowed. The impugned First Information Report in Crime No. 3/2024 registered by Sakaleshpura Police Station, Hassan, is hereby quashed in its entirety. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BSR, List No.: 1 Sl No.: 152