Penal Code, 1860–Sec. 363–FIR for the offence–Sustainability–Allegation in FIR that the petitioner removed the minor children from the lawful custody of the mother of children–It is not disputed that the respondent no. 5 was handed over the custody of children by this Court–Petitioner is their biological father and he is also a natural and lawful guardian of children–It cannot be said that he has committed the offence u/s. 361–Held, the continuance of prosecution would be the abuse of the process of the Court–FIR deserves to be quashed.
