- 1 - NC: 2025:KHC-D:2452 CRL.P No. 100580 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100580 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. RAJU S/O. PAVALU LOBO AGE. 48 YEARS, OCC. LABOR, 2. REENA W/O. RAJU LOBO AGE. 40 YEARS, OCC. LABOR, BOTH R/O. KAKATI, TQ. CHIKODI, C/O. ASHA BHAVAN OLD AGE HOME, VICTOR JOHN ALWARIES, HOUSE NO.38, DAMA DAY TVIM MA NORTH GOA, GOA-403502. …PETITIONERS (BY SRI. N.L.BATAKURKI, ADVOCATE) AND: THE STATE OF KARNATAKA BY PSI, MUDHOL PS, MUDHOL-587313, TQ. MUDHOL, DIST. BAGALKOT, REP. BY SPP, HIGH COURT BLDG, DHARWAD. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO ADMIT THE PETITION AND QUASH THE IMPUGNED ORDER DATED 25.02.2023 TAKING COGNIZANCE AND ISSUE OF PROCESS AND CHARGE SHEET FILED BY THE RESPONDENT HEREIN FOR THE OFFENCE P/U/SEC 80 JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT AND SEC. 34 OF IPC ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, MUDHOL IN C.C.NO.52/2023 AGAINST THE ACCUSED NO. 2 AND 3/PETITIONERS HEREIN. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.13 11:17:39 +0530 - 2 - NC: 2025:KHC-D:2452 CRL.P No. 100580 of 2025 ORAL ORDER The Learned High Court Government Pleader (HCGP) accepts notice on behalf of the respondent-State. 2. The petitioners are facing charges under Section 80 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 34 of the Indian Penal Code (IPC) and have approached this Court seeking appropriate relief. 3. The prosecution alleges that Accused No.1 gave birth to a female child on 14.08.2021, and the child was given in adoption to the petitioners on 15.08.2021 without following the legal procedure prescribed under the Juvenile Justice (Care and Protection of Children) Act, 2015. 4. Heard the learned counsel for the petitioners, the learned High Court Government Pleader for the respondent-State, and the learned counsel appearing for respondent No.2. 5. Section 80 of the Juvenile Justice (Care and Protection of Children) Act, 2015 prescribes punitive measures for illegal adoption. It states: “If any person or organization offers, gives, or receives any orphan, abandoned, or surrendered child for the purpose of adoption without following the provisions or procedures as provided in this Act, such person or organization shall be punishable with imprisonment of either description for a term which may extend up to three years, or with a fine of one lakh rupees, or with both.” - 3 - NC: 2025:KHC-D:2452 CRL.P No. 100580 of 2025 6. A plain reading of Section 80 establishes that for an act to constitute an offense under this provision, the child in question must be an orphan, abandoned, or surrendered child, as defined under Sections 2(1), 2(42), and 2(60) of the Juvenile Justice (Care and Protection of Children) Act, 2015. 7. In the present case, the child in question was the biological child of Accused No.1 and was given in adoption to Accused Nos.2 and 3. Since the child does not fall under the legal definitions of orphan, abandoned, or surrendered child, the essential ingredient to constitute an offense under Section 80 is conspicuously absent. 8. When the fundamental requirement of Section 80 is not satisfied, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER i) The criminal petition is allowed ii) The impugned proceedings in C.C.No.52/2023, pending on the file of the Principal Civil Judge and JMFC, Mudhol, insofar it relates to the petitioners- accused herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 66