IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 Crl.MC.No. 1678 of 2009(F) --------------------------------- CC.596/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... PETITIONER(S): IST ACCUSED ------------------------------------------ SABIR, AGED 25 YEARS, S/O.HANEEFA, SAJITHA MANZIL, BADARIYA NAGAR, HOSDURG KADAPPURAM, HOSDURG VILLAGE, KASARGOD DIST. BY ADV. SRI.T.MADHU RESPONDENT(S): STATE AND DAFACTO COMPLAINANT -------------------------------------------- 1. THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, THROUGH THE PUBLIC PROSECTUOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ABDUL RAHIMAN, S/O.ABDULLA, AGED 53 YEARS, AFSAL MANZIL, BELLA BEACH, BELLA VILLAGE, HOSDURG TALUK, KASARGOD. R1 BY PUBLIC PROSECUTOR SRI.GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 1678 OF 2009 =========================== Dated this the 10th day of July,2009 ORDER Petitioner is the first accused in C.C.596/2008 on the file of Judicial First Class Magistrate Court-I, Hosdurg. Crime 67/2008 of Hosdurg Police Station was registered for the offence under section 366A read with section 34 of Indian Penal Code after recording F.I. Statement of second respondent the father of the victim. After investigation Annexure 2 final report was filed which was taken cognizance by the learned Magistrate for the offence under section 363 of Indian Penal code. The prosecution case is that on 24.1.2008 at 4 p.m without the consent or permission of the parents Hafseena, the daughter of the second respondent was kidnapped by the petitioner and thereby committed an offence under section 363 of Indian Penal Code. This petition is filed to quash the proceedings contending that subsequently as evidenced by Annexure A5 marriage certificate, petitioner married the daughter of second respondent on 29.10.2008 at Badariya Juma Masjid pursuant to Annexure A4 Crl.M.C.1678/2009 2 agreement. It is also pointed out by the learned counsel appearing for the petitioner that as is clear from the Annexure A3 statement of the daughter of the second respondent, she had gone with the petitioner so as to force the parents to agree for the marriage with the petitioner. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Though notice was served on the second respondent, he did not appear. 4. Annexure A3 statement of the victim with Annexure A4 agreement and Annexure A5 marriage certificate establish that petitioner and the daughter of the second respondent Hafseena were in love and on the date of the alleged kidnapping the Hafseena had gone with the petitioner for forcing her parents to agree for the marriage and subsequently the family agreed for the marriage and the marriage was solemnised on 29.10.2008. In such circumstance, it is not in the interest of justice to proceed with the prosecution. Petition is allowed. C.C.596/2008 on the file of Judicial First Class Magistrate Court-I, Hosdurg as against the petitioner is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- Crl.M.C.1678/2009 3 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006