O R D E R:

This Criminal Petition is filed by the petitioner, seeking to quash the proceedings in Crime.No.838 of 2018, on the file of P.S., KPHB, Cyberabad, R.R.District. The offences alleged against the petitioner are under Sections 447, 506, and 363 r/w. 511 of IPC and Section 75 of Juvenile Justice Act.

2. Heard learned counsel for the petitioner and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for the respondent – State. Perused the record.

3. The crime was registered against this petitioner on the basis of a complaint filed by the 2^nd respondent, who was his live-in partner. On 09.09.2018 at 6:30 p.m., the 2^nd respondent went to SHO, KPHP, and lodged a complaint. According to the complaint, on 09.07.2018, this petitioner, along with few others, trespassed into the school situated at Samatha Nagar, Kukatpally and made a feeble attempt to entice and kidnap his daughter. The daughter, namely Archana, was born to the petitioner and the 2nd respondent. On account of the said incident, the daughter was traumatized and spent sleepless nights. It is further alleged in the complaint that on 02.07.2018, when the 2^nd respondent went to depose before the Court regarding the pending case between them, the petitioner physically assaulted her brother, namely V.Sudhakar. According to the complaint, the incident on 02.07.2018 is connected to the attempted kidnapping on 09.07.2018. The petitioner was terrorizing the 2^nd respondent and her family members. The family Court had passed orders directing the petitioner to pay a maintenance of Rs.10,000/- and also cover the annual school fee.

4. Learned senior counsel appearing for the petitioner would submit that even according to the complaint, there was a feeble attempt by the petitioner to kidnap his own daughter. The question of kidnapping his own daughter does not arise, as he is her biological father. Further, the petitioner had gone to the school to pay the school fees, as directed by the family Court. Taking advantage of the petitioner’s visit to the school, a false complaint was filed.

5. On the other hand, the learned counsel appearing for the 2^nd respondent submits that there are pending disputes between the spouses and the disputes are a subject matter of cases pending before the family Court. The petitioner had deliberately attempted to kidnap the daughter of the 2^nd respondent, and also terrorized her and her family members.

6. Admittedly, there are long pending disputes between the 1^st petitioner and the 2^nd respondent. There are also cases pending between the family members. It is also not disputed that the maintenance was granted and is being paid. In pursuance to the direction of the family Court, the petitioner had gone to the school to pay the school fees. The petitioner is the natural guardian of the child, so the question of kidnapping by the natural guardian does not arise. The complaint was filed after 2 months of the incident. There are pending disputes between the two spouses, and it appears that the complaint was filed in view of the disputes between them. The delay in lodging the complaint, 2 months after the alleged incident, is not explained. Further, the school authorities have not lodged any complaint regarding the said incident.

7. In the peculiar facts and circumstances of the case, the proceedings against the petitioner are liable to be quashed.

8. Accordingly, the Criminal Petition is allowed, and the proceedings in Crime No.838 of 2018 against the petitioner are hereby quashed. Miscellaneous applications pending, if any, shall stand closed. _________________ K.SURENDER, J Date: 24.03.2025 dv