IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 Crl.MC.No. 149 of 2010() ------------------------ CP.31/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY .................... PETITIONER(S): --------------- 1. JITHESH, AGED 23, S/O.RAGHAVAN, ARIMBOORAVALAPPIL, KOLALAMBU PO, EDAPPAL, MALAPPURAM. 2. SUMAYYA, D/O.ABDURAHIMAN MASTER, KUNDUNGARA VEETTIL, ELETTIL PO, KODUVALLY, KOZHIKKODE, NOW RESIDING AT ARIMBOORAVALAPPIL, KOLOLAMBU PO, EDAPPAL, MALAPPURAM DISTRICT. BY ADV. MR.B.S.SURESH KUMAR RESPONDENT(S): --------------------------- SUB INSPECTOR OF POLICE, KODUVALLY POLICE STATION, KOZHIKODE. BY PUBLIC PROSECUTOR MR. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.149 OF 2010 ------------------------------------------ Dated 15th January 2010 O R D E R First petitioner is the accused and second petitioner, the alleged victim in C.P.31/2009 on the file of Judicial First Class Magistrate, Thamarassery, taken cognizance for the offence on Annexure-A6 complaint filed by second petitioner before the learned Magistrate alleging that first petitioner committed offences under Sections 365, 366, 376,406 and 420 read with Section 34 of Indian Penal Code. Annexure-A3 judgment of this court in W.P.C.400/2009 shows that first petitioner filed the petition seeking a writ of habeas corpus to search and produce the second petitioner and before the Division Bench Crmc 149/10 2 second petitioner appeared and she expressed her willingness to go with the first petitioner and this court accepted the statement of the first petitioner and permitted them to have a marriage under Special Marriage Act. As the first petitioner expressed apprehension that he may be attacked, Government Pleader had undertaken to provide sufficient escort also. Annexure-A4 establishes that subsequently their marriage was conducted under the Special Marriage Act on 17/11/2009. Annexure-A6 was complaint filed at a time when the second petitioner was under the custody of her parents. This petition is filed under Section 482 of Code of Criminal Procedure by the petitioner husband and wife to quash the criminal proceedings initiated under Annexure- A6, contending that it is not in the interest Crmc 149/10 3 of justice to continue the prosecution when they are living together as husband and wife. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Though in Annexure-A6 complaint it was alleged by the second petitioner that she was abducted and subjected to rape and first petitioner has committed other offences as alleged, Annexure-A3 judgment establishes that the said complaint happened to be filed when the second petitioner was away from the first petitioner and was under the custody of her parents. It also shows that when she was produced before the Division Bench, she has disowned the complaint, alleged in Annexure-A6 and this court permitted them to live as husband and wife. In such circumstances, it is Crmc 149/10 4 not in the interest of justice to continue the prosecution. If it is to be continued, it would only be an abuse of process of the court. Petition is allowed. C.P.31/2009 on the file of Judicial First Class Magistrate, Thamarassery is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.