DINESH KUMAR SINGH,J. - (1.) The present petition under Section 482 Cr.P.C. has been filed for quashing of the proceedings in Case No.1773 of 2006, arising out of Case Crime No.134 of 2006, under Sections 363, 366 IPC, Police Station Mahrajganj Tarai, District Balrampur as well as the charge sheet no.32 of 2006, dated 13.8.2006 submitted by the Investigation Officer.
(2.) The petitioners are present before this Court. Petitioner no.2, who is the prosecutrix, has specifically stated that she is living happily with petitioner no.1, who is her husband and they had performed their marriage and out of the wedlock, one child, Shivam was born, who is now aged about 11 years. Learned counsel for the petitioners submits that no offence as alleged is made out.
(3.) In support of his submission, he has placed reliance upon a judgment of the Supreme Court in the case of S. Varadarajan V.s State of Madras, AIR 1965 SC 942. Paragrphs 7 and 9 of the aforesaid judgment, which are relevant, are extracted herein below:- "7. The question whether a minor can abandon the guardianship of his or her own guardian and if so the further question whether Savitri could, in acting as she did, be said to have abandoned her father's guardianship may perhaps not be very easy to answer. Fortunately, however, it is not necessary for us to answer either of them upon the view which we take on the other question raised before us and that is that taking of Savitri out of the keeping of her father has not been established. The offence of kidnapping from lawful guardianship is defined thus in the first paragraph of Section 361 of the Indian Penal Code: Whoever takes or entices any minor under sixteen years of age if a male, or under eighteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind. Without the consent of such guardian is said to kidnap such minor or person from lawful guardianship. ;