JUDGMENT/ORDER

VINAY JOSHI, J. - Heard. ADMIT.

2. The matter is taken up for final disposal by the consent of learned Counsel appearing for the parties.

3. This is an application seeking to quash the First Information Report in Crime No.431 of 2023 registered with the Gadge Nagar Police Station, Amravati City for the offence punishable under Ss. 363 of the Indian Penal Code ('IPC').

4. At the instance of the report lodged by the biological mother, crime has been registered against the biological father. The informant mother has alleged that, on 29/3/2023 the applicant father forcibly took away their minor son aged 3 years, and thus committed an offence of kidnapping. A short issue 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.

5. Learned Counsel for the applicant would submit that by no stretch of imagination the act of the applicant attracts the offence of kidnapping as defined under Sec. 361 of the IPC, punishable under Sec. 363 of the IPC. It is his contention that the applicant being a father and natural guardian of a minor, he cannot be booked for the aforesaid offence.

6. Th