HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.22601 OF 2025

ORDER :

Heard Sri Ch.B.R.P.Sekhar, learned counsel for the petitioner and Sri B.Sridhar, learned Government Pleader for Home.

2. This Writ Petition is filed under Article 226 of the Constitution of India to quash the proceedings in FIR No.886 of 2025, dated 16.06.2025 pending on the file of Miyapur Police Station, Cyberabad.

3. The 6th respondent is the wife of the petitioner. There are matrimonial disputes between the petitioner and the 6^th respondent. On the complaint lodged by 6^th respondent, the Police, Miyapur have registered a case in Crime No.886 of 2025 on 16.06.2025 against the petitioner for the offences punishable under Section 137(2) of BNS. The allegation against the petitioner herein is that he has kidnapped minor girl of 6th respondent, aged 7 years.

4. Learned counsel for the petitioner would contend that the petitioner is the natural father of the minor girl, therefore, the question of kidnap does not arise. In support of his contention, he relied on the judgment of Hon’ble Supreme Court in the case of Mrs.Chandrakala Menon v. Captain Vipin Menon (Crimnial Appeal 30 of 1993, dated 14.01.1993) and in the judgment of Hon’ble High Court of Karnataka in the case of Kushagra v. The State of Karnataka and another, (Criminal Petition No.102394 of 2023, dated 04.07.2024). Therefore, on the said ground, he sought to quash the proceedings against the petitioner in FIR No.886 of 2025, dated

16.06.2025.

5. Whereas, Sri B.Sridhar, learned Assistant Government Pleader for Home, on instructions, would submit that on concluding investigation, the Investigating Officer has filed final report stating that the action is dropped. The Investigating officer also considered the said fact that there are disputes between the petitioner and the 6^th respondent and the same are matrimonial disputes and the girl is their minor daughter. He has furnished a copy of the final report before this Court and also on the learned counsel for the petitioner. The same is placed on record.

6. In view of the same, since the grievance of the petitioner is redressed, this Writ Petition is closed.

As a sequel thereto, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.

____________________

K. LAKSHMAN, J Date:01.08.2025

KVS

HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.22601 OF 2025 Date: 01.08.2025

KVS