HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.4260 of 2008 & 3048 of 2009 Dated : 12.07.2010 Between : M.Haripriya & others …. Petitioners a n d M.Hari Prasad & others … Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.4260 of 2008 & 3048 of 2009 COMMON ORDER: Criminal Petition No.4260 of 2008 is filed seeking to quash the proceedings in C.C.No.206 of 2008 on the file of the IV Additional Judicial First Class Magistrate, Guntur. Criminal Petition No.3048 of 2009 is filed seeking to quash the proceedings in C.C.No.561 of 2008 on the file of the IV Additional Judicial First Class Magistrate, Guntur. Allegations leveled in C.C.No.206 of 2008 are that on 13.04.2008 accused went to the house of L.W.1 and kidnapped his daughter Himabindu in spite of resistance from L.W.1. Allegations leveled in C.C.No.561 of 2008 are that on 08.02.2008 A.1 to A.3 went to Kondaveedu Public School, Guntur, and taken away the children of the de facto complainant to Chennai. Heard. A.1 is the wife of the de facto complainant. This Court perused the entire records and also heard the arguments of both sides. It is seen from the records that present complaints arose out of matrimonial disputes. The main allegation against the wife is that she kidnapped her two children from the custody of the husband-de facto complainant. As seen from the records, some litigations are pending between the parties both in Andhra Pradesh and Chennai. Both parties field cases against each other by invoking the writ jurisdiction as well as by filing HMOP for custody of the children. Taking away the children from the custody of the father by the mother by no stretch of imagination amounts to an offence punishable under Section 363 of Indian Penal Code as alleged by the de facto complainant. Present complaints are registered, investigated and charge sheeted only with a view to settle the matrimonial issue between husband and wife. Hence, this Court is of the view that the present complaints are liable to be quashed. Accordingly, both the Criminal Petitions are allowed and C.C.Nos.206 and 561 of 2008 on the file of the IV Additional Judicial First Class Magistrate, Guntur, are hereby quashed. ________________________ JUSTICE RAJA ELANGO Dated : 12.07.2010 sur