WIFE FILED FIR KIDNAP CASE AGAINST HUSBAND FOR FORCIBLY TAKING AWAY HIS 5 YEARS OLD CHILD FROM HER CUSTODY -WHETHER VALID ? Disputes arose between Husband and wife. Wife leaves the matrimonial house and stays in her parents House Husband one day goes to her parents house and takes the Child of 5 years age from the custody of wife and keeps the child with him. Wife immediately files FIR U/s. 452 (House Trespass), 114 (Abettor) and 363 (Kidnapping) of IPC against Husband. Police files Charge Sheet confirming the above offences. Husband files Quash Petition U/s. 482 of Cr.P.C before Gujarat High Court and the High Court Quashes the FIR by stating as follows: “Father being natural guardian, removal by him his son aged about 5 years from her mother is not an offence U/s. 363 of IPC—Husband himself is lawful guardian of Minor. Taking away the child from the custody of Wife does not amount to offence under Sec. 363. Father cannot kidnap his own son. Thus continuation of Criminal proceedings is nothing but abuse of process of law and ends of Justice. HENCE THE FIR IS QUASHED.” The Honble Gujarat High Court had also referred similar case Vipin Menon Vs. The State of Karnataka 1992.