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SANJAY KUMAR DWIVEDI
Jawed Nehal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sanjay Kumar Dwivedi, J.
Heard the learned counsel appearing for the petitioner, learned counsel appearing for the State and learned counsel appearing for the respondent No.5.
2. The prayer in the petition is made for quashing of the entire criminal proceeding including the FIR in connection with Chakardharpur P.S. Case No.126 of 2023 for the offence under Section 363 of IPC pending in the Court of learned SDJM Porahat at West Singhbhum, Chaibasa.
3. The FIR was registered alleging therein that on the basis of the Fardbeyan of informant that her husband has taken away her both daughters without the permission of the informant and further stated that the Jawed Nehal came from Kolkata to meet his daughters namely Mariyam aged about 7 years and Alisha aged about 5 years but he took away along with him without the consent/permission of her and threatened her that do whatever she can do.
4. Mr. Onkar Nath Tewary, learned counsel appearing for the petitioner submits that the petitioner is a government employee in the West Bengal Secretariat Service and being harassed and humiliated by the in-laws in the false cases. He submits that the informant is the wife of this petitioner and o
The court ruled that taking children without consent from their lawful guardian constitutes kidnapping under IPC, emphasizing adherence to court-established visitation rights.
A biological father taking lawful custody of his children with the mother's consent does not constitute kidnapping under Section 361 IPC.
The court established that actions taken by a minor nearing the age of majority, when coupled with voluntary choice, negate allegations of kidnapping under IPC.
The main legal point established in the judgment is the distinction between 'taking' and 'enticing' a minor under Section 361 IPC, and the court's exercise of inherent powers under Section 482 Cr.P.C....
A father cannot be charged with kidnapping his own child from the mother’s custody unless a court order restricts his guardianship rights.
The welfare and interest of the child are of paramount consideration in custody disputes, and the role of a mother as a lawful guardian is crucial.
The court established that a victim's marriage to the accused and her consent can negate allegations of kidnapping under IPC and POCSO Act.
If a minor voluntarily leaves the guardianship and joins someone without inducement or pressure, no offence under Section 363 IPC is made out if the girl is aged more than 17 years and is mature enou....
The court emphasized that where the material on record discloses commission of cognizable offences, the courts would be reluctant to quash the proceedings.
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