child has been with the petitioner only and in W.P. No.22743 of 2007 filed by the de-facto complainant against the petitioner under section 226 of the Constitution of India for the protection of the child it is clearly observed on the basis of relevant material that the child is in the custody of the father and as such she could approach the Family Court for obtaining the custody of the child which clearly proves that the child has been in the custody of the petitioner only and there is no basis to say that the child has been in the custody of the de-facto complainant and in fact she also filed F.C.O.P. 222 of 2008 before the Family Court, Hyderabad, for the custody of the child, whereas, before the Judge, Family Court, she also filed complaint to refer the matter to the police under Section 156 (3) of Cr.P.C. for taking necessary action against the petitioner on the ground of taking away the child from her lawful custody. It is also contended by him that both of them have been living together following a compromise effected between them along with the child. It is further contended by him that in the circumstances stated it is necessary to see that the Criminal proceedings are to be quashed.
