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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAD

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

CRIMINAL PETITION No.15375 OF 2024

01^st May, 2026

Between:

Talugula Harika

…Petitioner

AND

The State of Telangana and Another

…Respondents

ORDER:

This Criminal Petition is filed under Section 528 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) seeking quashment

of the proceedings against the petitioner/accused in C.C. No. 4517 of

2024 dated 03.12.2024, arising out of Crime No. 1109 of 2024 dated

11.10.2024 registered by Police Station L.B. Nagar, presently pending

on the file of the II Additional Metropolitan Magistrate, Ranga Reddy

District at L.B. Nagar.

2. Heard learned counsel for the petitioner and the learned Additional

Public Prosecutor appearing for respondent No. 1/State.

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3. The petitioner is arrayed as an accused in the above calendar

case for the offence punishable under Section 137(2) of the Bharatiya

Nyaya Sanhita, 2023 (BNS).

4. The brief facts, as borne out from the record, are that on

05.10.2024, during the pendency of matrimonial proceedings in O.P. No.

886 of 2024 filed by the petitioner seeking dissolution of marriage,

mediation proceedings were conducted before the District Legal

Services Authority. The petitioner, who is the mother of the minor child

(ward), and the de facto complainant, who is the father, were present at

the mediation centre. It is alleged that, on the said date, while the child

was in the custody of the father, the petitioner took the child away on the

pretext of providing food. Based on the complaint lodged by the father,

the subject crime was registered, and upon completion of investigation, a

charge sheet came to be filed.

5.1. Learned counsel for the petitioner submits that the petitioner is the

natural mother of the minor child, aged about nine years, and, under the

law, she is a natural guardian along with the father. Reliance is placed

on Section 6 of the Hindu Minority and Guardianship Act, 1956, which

recognizes both father and mother as natural guardians of a minor child.

It is contended that, in such circumstances, the act of the mother taking

the child into her custody cannot amount to kidnapping or removal from

lawful guardianship. It is further submitted that the investigating agency

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failed to consider this settled legal position and erroneously proceeded

to file the charge sheet.

5.2. Learned counsel further places reliance on a judgment of the High

Court of Judicature at Bombay, Nagpur Bench in XXXX..Applicant Vs.

The State of Maharashtra in Criminal Application No.552 of 2023 and

pleaded that it was held that when one natural guardian takes the child

from the custody of another natural guardian, the essential ingredients of

the offence of kidnapping from lawful guardianship under Section 361 of

the Indian Penal Code (corresponding to Section 137 BNS) are not

attracted.

5.3. It is also submitted that, during the pendency of the proceedings,

the disputes between the petitioner and the de facto complainant have

been amicably resolved. The divorce proceedings have culminated in a

decree of divorce by mutual consent under Section 13-B of the Hindu

Marriage Act, 1955, and the parties have entered into a settlement

governing, inter alia, the custody and guardianship of the minor child,

who is presently residing with the father. It is therefore contended that

continuation of the criminal proceedings would amount to abuse of

process of law.

5.4. It is further brought to the notice of this Court that, on 02.04.2026,

the father of the child appeared as party-in-person through virtual mode

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and stated that the disputes between the parties have been settled and

that he is no longer interested in prosecuting the matter.

6. Learned Additional Public Prosecutor, while not disputing the

factum of settlement and the present custody of the child with the father,

fairly submits that the mother is also a natural guardian and prays for

appropriate orders in accordance with law.

7. I have carefully per