KUSHAGRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned H.C.G.P for respondent No.1 State and learned counsel for respondent No.2-defacto complainant. Though the matter is listed for admission, with the consent of learned counsel appearing for the parties, the matter is taken up for final hearing. This is a petition seeking to quash the first information report in Cr.No.53/2023 registered by Khadebazar police station, Belagavi for the offence punishable under Sec. 363 IPC.

(2.) At the instance of first information lodged by respondent No.2/biological mother, a crime has been registered against the petitioner/ biological father. First informant mother has alleged that on 20/8/2023 at 7.00 p.m., the petitioner-father forcibly took away their minor son aged about two years, from the house of defacto - complainant and thus committed offence of kidnapping.

(3.) A short issue that falls for consideration is "whether a father can be booked for the offence of kidnapping for taking away his own minor child from the custody of the mother?' and 'whether it would attract the offence under Sec. 363 IPC?