ORDER :

This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’), is filed seeking to quash the FIR in Crime No.396 of 2014 on the file of Saidabad Police Station against the petitioner. The petitioner herein is accused in the said crime. The offence alleged him is under Section 363 of IPC.

2. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing for the State and perused the record.

3. According to the complaint filed on 18.11.2014, the 2nd respondent/defacto complainant stated that four months prior to the complaint, her daughter namely Mybhin and her younger son Mohd.Omer Farooq were taken away by her husband from her residence. Again on 15.11.2014 her elder son Mohd.Abdul Quavi was taken away by her husband from school. The children were in her custody and when asked, the father of the petitioner informed that the children will be handed over, but, failed to hand over the children and as such she requested to take necessary action against the petitioner.

4. On the basis of the said complaint, police registered the present FIR for the offence under Section 363 of the Indian Penal code.

5. Section