Father can’t be tried for abducting child

Chandigarh, January 8
In a significant judgment, the Punjab and Haryana High Court has made it clear that a father cannot be proceeded against for abducting his own child.

The development is significant as the police in this part of the region was registering cases against one of the parents in matrimonial disputes on the allegations of abducting his or her own child.

In a first, Justice Ranjit Singh said the father was the natural guardian and could not be dubbed as an abductor of his own progeny.

The ruling came on a petition filed by Aman Kumar against the State of Punjab and another respondent. He was seeking directions for quashing an FIR dated May 1, 2010, registered under Sections 363, 365, 506 and 34 of the IPC at the Sadar Police Station in Amritsar city.

In the FIR, the petitioner was accused of kidnapping the younger son by his wife from her lawful custody.

The petitioner had approached the high court for quashing of the FIR on the ground that being a father, he cannot be accused of abducting his own son.

As the case came up for hearing, the petitioner and his wife confirmed that the dispute or differences between them had been resolved and they were now living together happily along with their children.

Justice Ranjit Singh ruled: "It is rather good to see that the couple has shown some sense and have decided to reconstruct their marriage by removing their differences. This will be good for young children as well, who need love and affection of both the parents."

"Since the parties have decided to stay together, they need to be encouraged. The FIR, which has, otherwise, been lodged against the petitioner, would also not reveal any offence, as the petitioner being natural guardian of the child could not be accused of abducting his own child," the court observed.

"The case is made out for quashing the FIR on the ground that no offence is revealed from the allegation made in the FIR and also on the basis of the compromise…. The present petition is allowed. The FIR dated May 1, 2010, and all subsequent proceedings arising there from are hereby quashed," the HC said.