The petitioner has sought quashment of FIR No, 102 dated 14.4.2008, registered under Section 363 PPC at Police Station, Karam Pur, against him and two others.
2. The FIR was got registered against the petitioner for the abduction of Ali Shafqat aged 7/8 years, who is his real son from the wed-lock of Mst. Razia the complainant of the above mentioned case.
The petitioner and Mst. Razia stand divorced.
3. The petitioner has filed an application 25 of Guardian & Wards Act for the custody of his minor son Ali Shafqat (the alleged abductee), which is pending adjudication in the Court of learned Senior Civil Judge, Khanewal.
4. The case against the petitioner and two others have been registered under Section 363 PPC. For ready reference Section 363 PPC is re-produced below: "Section 363 (PPC). Punishment for kidnapping:- Whoever kidnaps any person from Pakistan or from lawful guardianship shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine."
5. The bare perusal of the above said section reveals that the petitioner being the real father of Ali Shafqat being the natural guardian himself is a legal guardian in addition to the mother Mst. Razia Bibi the complainant of the case and moreover he has filed an application under Section 25 of the Guardian & Wards Act to be appointed as the sole guardian of his son Ali Shafqat, therefore, the provisions of Section 363 PPC are not applicable against the petitioner.
6. Therefore, the FIR No, 102 dated 14.4.2008, registered under Section 363 PPC at Police Station Karam Pur, District Vehari, is quashed.
7. The respondent, Mst. Razia Bibi if interested to get the custody of her son Ali Shafqat can do so by appearing before the Court of learned Senior Civil Judge, Khanewal where she has been summoned through citation in the newspaper vide order dated 24.3.2008 of the said Court in a petition filed under Section 25 of the Guardian & Wards Act by the petitioner.