In Khalid Eqbal v. The State of Jharkhand & Anr., the Jharkhand High Court quashed criminal proceedings against a father accused of kidnapping his four-year-old son from the mother’s custody. The Court held that a biological father, being a natural guardian of his minor child, cannot ordinarily be said to have kidnapped his own child under Section 363 IPC by taking the child from the mother’s custody. Kidnapping requires taking a minor from the keeping of a lawful guardian. The Court also rejected the allegation under Section 323 IPC, observing that a mere allegation of “maar peet” without medical evidence, injury report, or specific details establishing bodily pain was insufficient to constitute the offence of voluntarily causing hurt. Similarly, no ingredients of wrongful restraint under Section 341 IPC were established. Exercising its inherent powers under Section 528 BNSS, the High Court held that continuing the proceedings would amount to an abuse of the process of law and quashed the Magistrate’s summons and the entire criminal proceeding.