IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WP(Crl.).No. 374 of 2008(S) --------------------------- PETITIONER(S): --------------- K.ANSAR, S/O.KABIR, AGED 24, VILAYIL KANAYIL, ERUVA SOUTH, ERUVA PO PATHIYOOR VILLAGE. BY ADV. SRI.K.R.SUNIL RESPONDENT(S): --------------- 1. MOHAMMED @ KUNJUMON, AGED 48, S/O.NUHUKANNU, O N K HOUSE, KAYAMKULAM MURI, KAYAMKULAM VILLAGE. 2. NIJUMUDEEN, S/O.USMAN KUTTY, AGED 46, ALUMOOTTIL, CHERAVALLI MURI, KAYAMKULAM. 3. RAHIM, AGED 58, ODAYIKKAL THEKKETHIL, NEAR STATE WARE HOUSE, KAYAMKULAM. 4. SULFI MOHAMMED, D/O.MOHAMMED, AGED 19, ONK HOUSE, KAYAMKULAM MURI, KAYAMKULAM VILLAGE. 5. THE SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, KAYAMKULAM. ADV. SRI.A.MOHAMMED FOR R1-4 GOVT.PLEADER SRI.MOHAMMED ANSAR K.J. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- W.P.(Crl) No.374 of 2008 ---------------------------------------------- Dated 28th October, 2008. J U D G M E N T Kurian Joseph, J. The petitioner, the alleged detenue Sulfi Mohammed (4th respondent) and respondents 1 to 3 are present. Sri.Noufal, to whom Sulfi Mohammed is proposed to be married on 30.10.2008 is also present. The 4th respondent submits that she has, on her own free will, taken a decision for the marriage with Noufal. Though it is true that the petitioner was her friend for some time, she submits that she does not want to continue the friendship and that she wants to forget that friendship. The petitioner submits that if Sulfi has taken a decision on her own free will, he has absolutely no objection and that he will not interfere with the marriage or peaceful life of the 4th respondent. The petitioner also submits that he happened to file this writ petition only because he thought that the 4th respondent was not in a position to take a decision on her own. Now that the 4th respondent has told the petitioner that she does not want to WP(Crl) NO.374/08 2 continue the friendship and that she wants to terminate the friendship and still further, she wants to marry Noufal, the petitioner submits that he also does not want to pursue the writ petition. 2. We also talked to Noufal and the 4th respondent. They submit that they have taken the decision for marriage out of their free will and that they will be faithful and loyal to each other, and until death separates them, they will not part. 3. The petitioner submits that on account of the filing of the writ petition, the respondents 1 to 3 and other members of the family of the 4th respondent are physically and mentally harassing the petitioner. We have talked to both parties. Now that the picture is clear as stated above, we direct them to maintain peace. In view of the submission of the petitioner that he will not in any way interfere with the marriage or peaceful life of the 4th respondent, the members of the family of the 4th respondent shall not in any way harass the petitioner, either physically or mentally. In the unlikely event of any such instance, it will be open to the petitioner to approach the 5th respondent, in WP(Crl) NO.374/08 3 which case, the 5th respondent shall render all necessary assistance to the petitioner and the members of his family. The Writ Petition (Crl) is disposed of as above. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- W.P.(Crl) No.374 of 2008 ---------------------------------------------- J U D G M E N T Dated 28th October, 2008.