IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(Crl.).No. 526 of 2009(S) -------------------------------------- PETITIONER: ------------------- ASHOKAN, S/O.SANKUNNI, PUTHANCHIRA, PANAMPUKAD, VALLARPADAM.P.O, ERNAKULAM. BY ADV. MR.A.R.GANGADAS. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, MULAVUKAD POLICE STATION. 3. JOBY, S/O.DEVASSY, OLIPPARAMBIL, PANAMPUKAD, MULAVUKAD VILLAGE, P.O.ERNAKULAM. 4. DEVASSY, S/O.JOSEPH, OLIPPARAMBIL, PANAMPUKAD, MULAVUKAD VILLAGE, P.O.ERNAKULAM. R1 & R2 BY GOVT. PLEADER SMT. SMITHA SUKUMAR, R3 BY ADVS. MR.K.R.KURUP, MR.C.R.SYAMKUMAR, MR.K.J.ABRAHAM, MR.LAVARAJ M.G., MR.JOSE KURIAN, MR.C.R.VINOD KUMAR. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 15/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL.). NO.526/2009-S: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF ASHAMOL. EXT.P.2: COPY OF THE ADMIT CARD ISSUED FROM THE SCHOOL OF MEDICAL EDUCATION. EXT.P.3: COPY OF THE AGREEMENT SIGNED BY THE PETITIONER AND 4TH RESPONDENT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(CRL)NO. 526 OF 2009 ============================ DATED THIS THE 15TH DAY OF DECEMBER 2009 JUDGMENT Basant,J. This judgment must be read in continuation of the order dated 14-12-2009 passed by us. 2. Today when the matter came up, it is reported by counsel that the parties have settled all their outstanding disputes. They have filed a joint statement incorporating the terms of settlement. The said terms of settlement reveal that the parties have discussed and have come to an agreement that the marriage between the alleged detenu and respondent No.3 can be solemnised with the consent of all concerned under the provisions of the Special Marriage Act. In the light of the settlement that has been reached, the learned counsel for the petitioner submits that the petitioner does not seek any further directions. WPCR.526/2009 -2- 3. There is a grievance raised by the parties that the Marriage Officer under the Special Marriage Act is unjustly and unfairly insisting on production of the original S.S.L.C. Book which the parties are unable to produce before the Marriage Officer, the same having been produced before the University. They submit, they are willing to produce other documents to prove convincingly the age of the alleged detenu. The learned Government Pleader undertakes that necessary instructions shall be given to the officer concerned to discharge his functions under the Special Marriage Act in accordance with law. 4. In the result: a)This writ petition, in these circumstances, is dismissed as agreed. b)The joint statement incorporating the terms of settlement dated 15-12-2009 shall be annexed to this judgment. R. BASANT, JUDGE ks. M.C. HARI RANI,JUDGE