IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 Crl.MC.No. 2307 of 2011() ------------------------- (CRIME N.321/2011 OF BEKAL POLICE, KASARAGOD DISTRICT. ) ------ PETITIONERS/DEFACTO COMPLAINANT -------------------------------------------------------- 1. FATHIMA (MINOR), AGED 17 YEARS, REPRESENTED BY HER MOTHER SAFIYA, AGED 47 YEARS, W/O. MOOSA.M, BEEBEE MANZIL, THIRUVAKOLI, P.O. BEKAL, KASARAGOD DISTRICT. 2. SAFIYA, AGED 47 YEARS, W/O. MOOSA.M, BEEBEE MANZIL, THIRUVAKOLI, P.O. BEKAL, KASARAGOD DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S)/COMPLAINANT AND STATE ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, THROUGH BEKAL POLICE, KASARAGOD. 2. SALAM, AGED 25 YEARS, S/O. MUHAMMED KUNHI, THIRUVAKOLI, P.O. BEKAL, KASARAGOD DISTRICT - 671 125. R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN R2 BY ADVS. SRI.JAWAHAR JOSE SMT.CISSY MATHEWS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK Crl.MC.No. 2307 of 2011() ------------------------------------- APPENDIX --------------- PETITINER'S EXHIBITS --------------------------------- ANNEXURE-1. COPY OF F.I.R. IN CRIME NO.321/2011 REGISTERED BY BEKAL POLICE DATED 20.05.2011 AND ITS ENGLISH TRANSLATION / TRUE COPY / P.A. TO JUDGE VK N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.2307 of 2011 ----------------------------------- Dated this the 18th day of October 2011 O R D E R The minor girl aged 17 years and her mother are the petitioners. The 2nd petitioner mother filed a complaint before the police stating that her daughter was kidnapped by the 2nd respondent. Based on that complaint, FIR was registered alleging offence under Sec.363 IPC. Subsequently the parties have settled the matter. There is no allegation attracting any other grave offence. It is stated that the marriage of the first petitioner had already been fixed and that dispute between the petitioners and the 2nd respondent has already been settled. The statement of the petitioners have been recorded by the learned Magistrate under Sec.164 Cr.P.C. They have stated that the allegation in the FIS is not correct and that the 2nd petitioner left the house and went along with 2nd respondent on her own free Crl.M.C. No.2307 of 2011 -: 2 :- will and volition. In the light of these statements given by the petitioners, I find that further proceeding in Crime No.321/2011 of Bekal Police Station, Kasaragod District can be quashed. In the result, this Crl.M.C. is allowed. Further proceeding in Crime No.321/2011 of Bekal Police Station, Kasaragod District is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt