IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 Crl.MC.No. 757 of 2011() ------------------------ AGAINST THE ORDER IN SC 114/94 IN SC.154/1995 of ASSISTANT SESSIONS COURT, KOTTARAKKARA CRIME NO.142/1993 OF CHADAYAMANGALAM POLICE STATION, KOLLAM (L.P.NO.8/2001 OF ASSISTANT SESSIONS COURT, KOTTARAKKARA ) .................... PETITIONER(S): ACCUSED ---------------------- SABU, AGED 39 YEARS, S/O.SAHAD, KONGAL CHERIYIL, KOLLAVILAKATHU HOUSE, SAFIA COTTAGE, PARAVOOR, KOTTAPURAM VILLAGE, KOLLAM. BY ADV. SRI.K.ANAND RESPONDENT(S): COMPLAINANTS --------------------------- 1. CIRCLE INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION, CHADAYAMANGALAM, KOLLAM - 15. 2. PRAMEELA, D/O.BHARATHI, PORADAM MURI, CHADAYAMANGALAM VILLAGE, KOLLAM NOW RESIDING AT KOODARAM HOUSE, KIZHAVOOR, NEAR MUKHATHALA TEMPLE, MUKHATHALA P.O., KOLLAM DT. PIN - 683015. 3. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADDL.R4 IMPLEADED: 4. BHARATHI, PORADAM MURI, CHADAYAMANGALAM VILLAGE, KOLLAM, NOW RESIDING AT KOODARAM HOUSE, KIZHAVOOR, NEAR MUKATHALA TEMPLE, MUKATHALA P.O., KOLLAM DISTRICT. (ADDL.R4 IS IMPLEADED AS PER ORDER DATED 04.04.2011 IN CRL.M.A.2134/2011) ADV. SRI.PRADEESH CHACKO FOR R2 AND ADDL.R4 PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR FOR R1 & R32 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.757 of 2011 -------------------------------------- Dated this the 4th day of April, 2011. ORDER This petition is filed by accused No.2 in Crime No.142 of 1993 of Chadayamangalam Police Station, S.C.No.154 of 1995 and L.P.No.8 of 2001 of the court of learned Assistant Sessions Judge, Kottarakkara for offences punishable under Sections 143, 147, 148, 452, 506(ii), 427 and 366 read with Section 149 of the Indian Penal Code. Case is that on 21.07.1993 at about 3 a.m. petitioner and accused 1 and 3 trespassed into the house of additional respondent No.4/defacto complainant carrying weapons and kidnapped respondent No.2, daughter of the defacto complainant in a car. Motive alleged is that it was with intent to compel respondent No.2 to marry accused No.1. Petitioner says that he has settled the matter with the defacto complainant (additional respondent No.4) and respondent No.2. I have heard learned counsel for petitioner, respondents 2 and 4 and the learned Public Prosecutor who took notice for respondents 1 and 3. 2. Though serious allegations are made against petitioner as seen from the final report, motive alleged is that petitioner and others wanted to compel respondent No.2 to marry accused No.1. Accused 1 and 3 faced trial and were acquitted by Annexure-II, judgment in the absence of evidence. Annexure-III is the affidavit of respondent No.2/PW2, the girl who is said to have Crl.MC No.757/2011 2 been kidnapped. Respondent No.4/ defacto complainant, her mother also has filed affidavit. Learned counsel for respondents 2 and 4 has confirmed settlement and authenticity of affidavits. The affidavits would show that the matter is settled. Moreover accused 1 and 3 were acquitted. In the circumstances I am of the view that continuance of the proceeding is not necessary. Resultantly this Criminal Miscellaneous Case is allowed. Final report in Crime No.142 of 1993 of Chadayamangalam Police Station, cognizance taken thereon and proceeding in S.C.No.154 of 1995 and L.P.No.8 of 2001 of the court of learned Assistant Sessions Judge, Kottarakkara concerning petitioner/accused No.2 are quashed. THOMAS P.JOSEPH, Judge. cks