Through this petition under section 561-A, Cr.P.C., Saif Elahi, Mahboob Elahi and Faqar-ur-Rehman's petitioners seek quashment of proceedings under section 363, P.P.C. Pending against them in the Court of Illaqa Magistrate Depalpur.
2. Saif Elahi petitioner was married to Mst. Shahnaz. Out of the wed-lock, a child was born. A case under section 363 P.P.C. Was registered against the petitioners on the charge of kidnapping the child from the lawful custody of her mother Mst. Shahnaz. After investigation, the accused were challaned and the case is pending decision before the Illaqa Magistrate, Depalpur.
3. Learned counsel for the petitioners submits that since the petitioner is a natural guardian of the child, so proceedings against him amounts to an abuse of the process of the Court.
4. I have considered the matter carefully. I am informed that the child is now with her mother and an application for his custody has been moved by Saif Ellahi petitioner before the learned Guardian Judge. In these circumstances, I feel that no useful purpose would be served by prosecuting the petitioner on the charge of abduction of his child and as such, the proceedings amount to an abuse of the process of the Court.
For what has been said above, this petition is accepted and the proceedings against the petitioners under section 363 P.P.C. Before the Illaqa Magistrate are quashed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.