False Kidnapping Case

Vicky Baghnani (Querist) 19 September 2014 This query is : Resolved
Hello everyone, My ex wife has filed a false kidnapping case of our child on me. She lodged an FIR under sections 363, 448 and 504 on me, last month. Child has been staying with me since last 6 months. She handed over the child to me as per the mutual agreement made during the time of divorce. I filed a petition asking the court to declare myself as the custodian as my ex wife was trying to take the child back and elope.I filed this petition on 24th June.
I did apply for the FIR Quash but has been dismisses with honourable Judge stating that I might have abducted the child and then filed the petition because offence date mentioned in the FIR is 19th June and I filed the petition on 24th June. The honourable judge even mentioned that the authenticity of the agreement could only be achieved after investigation. Please suggest what would be a better approach now. Shall I apply for AB? The words mentioned in the order, "I might have abducted the child" worries me. Does kidnapping charges apply to a biological father as well? Please suggest. Thanks.

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Sudhir Kumar, Advocate (Expert) 19 September 2014
not clear.

You have to meet a lawyer with all papers. Reading of papers is needed.

Devajyoti Barman (Expert) 19 September 2014
Quashing is hardly allowed and its order is unlikely make any impact on the trial.

Since FIR is registered first take bail and then contest the case. Since civil suit for custody is pending police is not going to recover the child from your custody.