IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 Crl.MC.No. 4830 of 2008() ------------------------- CRIMENO.97/06 OF THE MATTANNUR POLICE STATION. LPC NO.52/08 OF THE FJCM COURT, MATTANNUR. PETITIONER(S): ACCUSED AND DEFACTO COMPLAINANT: ----------------------------------------------- 1. K.RAFEEQUE, S/O.C.H.IBRAHIM, AGED 28 YEARS, NAZEERA MANZIL, KOLARI, P.O.MATTANNUR, KANNUR DISTRICT. 2. C.HASEENA, D/O.HASHIM, AGED 20 YEARS, HASEENA MANZIL, KEECHERY, MATTANNUR, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): STATE AND COMPLAINANT: ------------------------------------- THE STATION HOUSE OFFICER, MATTANNUR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4830 of 2008 ------------------------------------------------- Dated this the 19th day of January, 2009 ORDER The first petitioner faces indictment in a prosecution for the offence punishable under Section 366A I.P.C. Cognizance was taken on the basis of a final report submitted by the police after due investigation. The crux of the allegations is that on 26.3.2006 at about 5.30 p.m. the first petitioner had abducted the second petitioner for the purpose of having illicit sexual intercourse with her. Crime was registered on the basis of the complaint of the second petitioner who appeared before the police along with her father. Investigation is complete. Final report has already been filed. Committal proceedings has been registered. As the petitioner was not available, the case has been transferred to the list of Long Pending Cases. Trial has not commenced. 2. At this juncture, the petitioners together have come Crl.M.C. No. 4830 of 2008 -: 2 :- before this Court with this petition. It is submitted that the 2nd petitioner was born on 22/5/89. The matter has been settled between the parties. The petitioners have got married now on 30/6/06. All concerned have accepted the marriage. The guardian of the 2nd petitioner at the relevant time, i.e., her father has also settled the dispute and has accepted the marriage. It was a case where the petitioners were in love and had gone away together. The 2nd petitioner/daughter had to file a complaint at the instance of her father. 3. All outstanding disputes have been settled. The 2nd petitioner and her father have no surviving grievance now. The 2nd petitioner has joined as a petitioner in this Crl.M.C. under Sec.482 Cr.P.C. Her father has filed an affidavit duly attested by a Notary Public confirmed the said settlement/composition. 4. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor accepts that the petitioners are spouses and that the State has no objection against the acceptance of the composition and quashing of the proceedings. 5. Having considered all the relevant circumstances, I am satisfied that this is an eminently fit case where the Crl.M.C. No. 4830 of 2008 -: 3 :- extraordinary inherent jurisdiction under Sec.482 Cr.P.C. as enabled by the dictum in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386); Madhan Mohan Abbot v. State of Punjab (2008 AIR SCW 2287); Nikhil Merchant v. C.B.I. (2008 (3) KLT 769 (SC)) and Manoj Sharma v. State (2008 (4) KLT 417) can safely be invoked to bring to premature termination the surviving prosecution against the 1st petitioner herein. In the light of the settlement/composition by the petitioners and the father of the 2nd petitioner and in the light of the stand taken by the learned Public Prosecutor that the State has no objection, I am satisfied that it is not necessary to advert to the facts in any greater detail in this petition. 6. In the result: (a) This Crl.M.C. is allowed. (b) L.P.C.No.52/08 registered initially on the basis of the final report in Crime No.97/06 in which the 1st petitioner is alleged to have kidnapped the 2nd petitioner from the custody of her father/guardian, is hereby quashed. (c) The learned Magistrate shall make necessary entries in the relevant registers to confirm that the prosecution has been so quashed. Crl.M.C. No. 4830 of 2008 -: 4 :- (d) Needless to say, the proceedings, if any, pending against the petitioners and their sureties under Sec.446 Cr.P.C. shall be disposed of by the learned Magistrate in accordance with law. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4830 of 2008 -: 5 :-