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2006 Supreme(P&H) 4508

RANJIT SINGH
Sehnaz Alias Santosh Gupta – Appellant
Versus
State Of Punjab – Respondent


Judgment

Ranjit Singh, J.

1. Strangely, a mother, one of the natural guardian, is an accused of an offence of kidnapping of her own child with further allegation that this was with the intent to secretly and wrongfully confine the child. Unmindful of the relationship of mother and child, the police has registered the FIR in this regard and has gone ahead to present a challan. Crying hoarse, the mother is saying that being natural guardian she cannot be blamed for kidnapping her own child. She has, accordingly, filed the present petition under Section 482 Cr.P.C. seeking quashing of the said FIR and the subsequent proceedings being held against her.

2-3 On 10.10.1995, the petitioner, a Hindu by religion, has performed an inter-religious marriage with respondent No. 2, a Muslim, a male child named Jasan Ashish was born out of this wedlock on 18.1.1999. Differences between the couple led to divorce between them on 23.1.2002. The petitioner says that she became extremely upset due to break up of this marriage and respondent No. 2 taking advantage of her infirm mental health got the custody of their child, who at that time was 3 years old. Claiming law to be in her favour, the petitioner




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