IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.8019 OF 2016 BETWEEN:
SMT SEEMA SIDDIQUI W/O SYED YOUNUS AGED ABOUT 38 YEARS, NO.355, 7TH CROSS ”C” LAYOUT, BANNI MANTAP MYSORE-570015 ... PETITIONER (BY SRI: ABHISHEK.K, ADVOCATE FOR SRI: K.DIWAKARA, ADVOCATE) AND 1. STATE OF KARNATAKA REP. BY INSPECTOR OF POLICE SIDDAPURA POLICE STATION BANGALORE--560041 2. SRI SYED YOUNUS SAMEER S/O SYED AHMED NO.31, 3RD CROSS, ARREKAMPANAHALLI, WILSON GARDEN 10TH CROSS BANGALORE-560 027 ... RESPONDENTS (BY SRI: VIJAYA KUMAR MAJAGE, ADDL. SPP FOR R1; SRI: SYED KHALEEL PASHA, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR AND COMPLAINT REGISTERED BY THE RESPONDENT SIDDAPURA POLICE IN CR.NO.225/2016 AGAINST THE PETITIONER ARRAIGNED AS ACCUSED NO.1 FOR THE OFFENCE P/U/S 366(A) OF IPC PENDING ON THE FILE OF II A.C.M.M., BANGALORE, MARKED AS ANNEXURE-A AND B.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is the mother of two minor children who are alleged to have been kidnapped by the petitioner and her family members. The complaint was lodged by the father of the minor children alleging that since 1.9.2016 from 8.25 p.m. the children were missing and later he came to know that children were secured and were brought to Bala Mandir, Palace Road, Mysuru and during enquiry, he came to know that his sons were kidnapped by the petitioner and her family members.
2. Learned counsel for the petitioner submits that the report prepared by the Child Welfare Officer indicates that on their own accord the children started residing with their mother and therefore, the accusations of kidnap made by respondents is false and baseless.
3. Having regard to the material on record, at this juncture, it cannot be said that the case registered against the petitioner is manifestly false.
4. According to the complainant, the petitioner herein has obtained divorce from him and further it is submitted that the respondent has filed a petition before the Guardian and Wards Court seeking custody of children. Under the said circumstance, the allegation of kidnap made against the petitioner requires to be investigated. Therefore, it is not a fit case to quash the proceedings. However, it is made clear that the investigating officer shall take into consideration various documents relied upon by the petitioner including the reports prepared by the Child Welfare Officer and proceed in the matter in accordance with law.
With these observations, petition is dismissed.
bkp Sd/- JUDGE