The Court held that “the prosecution of the petitioner is sugarcoated with ill-intention and made to belittle his image in the society.” ...
Madhya Pradesh High Court: In a writ petition seeking quashment of an FIR registered against the petitioner, who operates an orphanage, for alleged involvement in male trafficking under Section 370 of the IPC, a single-judge bench of Sanjay Dwivedi, J., quashed the FIR alleging male trafficking as the essential elements of Section 370 IPC were absent.
Factual Matrix I
n the instant matter, the petitioner, Aadhaarshila Sansthan, operates two institutions (i) Bal Bhawan (earlier known as Central India Christian Mission), an orphanage registered as a Child Care Institution under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) and Central India Academy, a residential school not falling under the JJ Act’s Child Care Institution definition.
In a communication dated 06-08-2024, the City Superintendent of Police, Damoh, sought detailed records regarding children residing in Bal Bhawan and raised concerns about how they were received, their medical records, and whether proper notifications to authorities were made
Following this, an FIR was registered against the petitioner on 07-08-2024, for offenses under Sections 370(3), 370(4), and 34 of the IPC, along with Section 80 of the JJ Act. The FIR was grounded on allegations of improper post-adoption follow-up of two children, ‘X-Bhosle’ and ‘X-Dhurvey’, who were reportedly found living at the orphanage after being adopted. The petitioner filed the present writ petition seeking to quash both the communication dated 06-08-2024 and the FIR.