Parents and grandfather were prosecuted under Section 23 of the Juvenile Justice Act, 2000 for letting a minor parasail at a beach. Holding the act was done to give the child happiness with no intent or likelihood of unnecessary suffering, the High Court found no offence and quashed the final report.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.M.C.NO. 7333 OF 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
CRL.MC NO. 7333 OF 2018
CRIME NO.489/2014 OF EDAKKAD POLICE STATION, KANNUR SC NO.323 OF 2016 OF SESSIONS COURT,THALASSERY
PETITIONERS:
1 P.MUHAMMED NIZAM AGED 36 YEARS S/O KUNHAMMED, PALLIYAL HOUSE, KAPPADY, PO SULTHAN BATHERY, WAYANAD DISTRICT
2 SAFREENA NIZAM AGED 30 YEARS W/O. P. MUHAMMED NIZAM, PALLIYAL HOUSE, KAPPADY, P.O. SULTHAN BATHERY, WAYANAD DISTRICT.
3 SAFER AHAMMED AGED 68 YEARS S/O. K.C. AHAMMED, DILLIGAR (H) THIRUTHIYAD, PUTHIYATHARA P.O, KOZHIKODE DISTRICT.
BY ADVS. TONY THOMAS (INCHIPARAMBIL) SRI.P.THOMAS GEEVERGHESE
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682031
2 SUB INSPECTOR OF POLICE EDAKKAD POLICE STATION, (CRIME NO. 489/14) EDAKKAD, KANNUR DISTRICT, 670 309
BY SRI. M. P. PRASANTH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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“C.R.”
O R D E R
Dated this the 23rd day of May, 2024
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure A2 Final Report and all further proceedings thereof now pending as S.C.No.323/2016 on the files of the Sessions Court, Thalassery, arose out of Crime No.489/2014 of Edakkad Police Station, Kannur.
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report was filed alleging commission of offence punishable under Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the 'Act, 2000').
to be allowed, it is necessary to extract Section 23 of the Act, 2000.
The same reads as under:
“ 23 . Punishment for cruelty to juvenile or child .-
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Whoever, having the actual charge of, or control over, a juvenile or the child, assaults, abandons, exposes or wilfully neglects the juvenile or causes or procures him to be assaulted, abandoned, exposed or neglected in a manner likely to cause such juvenile or the child unnecessary mental or physical suffering shall be punishable with imprisonment for a term which may extend to six months, or fine, or with both.”
abandons, exposes or wilfully neglects the juvenile or causes or procures the juvenile to be assaulted, abandoned, exposed or neglected in a manner likely to cause unnecessary mental or physical suffering is an offence. So, in order to bring home an offence punishable under Section 23 of the Act, 2000, the above acts should be one either to cause or likely to cause mental or physical suffering to the minor. Any act/acts which would not either cause or likely to cause mental or physical suffering is not an offence. Here, the place of occurrence itself is a beach and the intent behind taking a child to a beach is to provide happiness to the child. Children often expresses happiness through a sense of wonder, innocence, exposition and playfulness. They can find joy in simple things - by playing with toys, exploring the world around them, and spending time with loved ones. When a child is taken to
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a beach, the intention of the parents or somebody having actual charge or control over the minor, is obviously to provide opportunity to the minor to explore the world and its wonders to assimilate positive emotions and life satisfaction, unless contrary intention is specifically made out. Here, the petitioners, having control over the minor, reached the beach along with the minor to have happiness during leisure. While enjoying the seashore exposure to absorb positive energy, the minor was allowed to have parasailing. In fact, the intention of the petitioners is nothing but to provide happiness to the minor and not to cause or likely to cause unnecessary mental or physical suffering to the minor, since no such intention is otherwise to be gathered.
Holding so, this petition stands allowed and Annexure A2 Final Report and all further proceedings in S.C.No.323/2016 on the files of the Sessions Court, Thalassery, arising out of Crime
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No.489/2014 of Edakkad Police Station, Kannur, stand quashed.
Sd/-
A. BADHARUDEEN JUDGE
DCS
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APPENDIX OF CRL.MC 7333/2018
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE FIR IN CRIME NO. 489/2014 OF EDAKKAD POLICE STATION DATED ON 21-05-2014 ANNEXURE A2 A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 489/2014 OF EDAKKAD POLICE STATION DATED ON 5.2.2015 ANNEXURE A3 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE NATIONAL ADVENTURE FOUNDATION TO THE 3RD PETITIONER. ANNEXURE A4 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE NATIONAL ADVENTURE FOUNDATION TO THE 2ND PETITIONER. ANNEXURE A5 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA STATE YOUTH WELFARE BOARD UNDER THE GOVERNMENT OF KERALA TO THE 2ND PETITIONER.
2 issues framed by the court
Whether allowing a minor to parasail at a beach constitutes an offence under Section 23 of the JJ Act 2000.
Whether the final report and further proceedings in S.C.No.323/2016 should be quashed under Section 482 CrPC.
2 provisions across 2 enactments
P. Muhammed Nizam
Safreena Nizam
Safer Ahammed
State of Kerala
Sub Inspector of Police, Edakkad Police Station
A. Badharudeen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
