IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 Crl.MC.No. 4702 of 2010() ------------------------- CC.159/2008 of JUDL. FIRST CLASS MAGISTRATE COURT, KOLENCHERRY .................. PETITIONER – ACCUSED: ------------------------------------ PRAVEENKUMAR, AGED 31 YEARS, S/O.NARAYANA MENON, MOOPPATTIL PUTHENPURAYIL VEETTIL, EZHIPROM KARA, AYKKARANADU NORTH VILLAGE. BY ADVS. SRI.C.ANILKUMAR (KALLESSERIL) SRI.N.K.POULOSEKUTTY SRI.C.Y.VINOD KUMAR RESPONDENTS – COMPLAINANTS: --------------------------------------------------- 1. STATE OF KERALA, (REP. BY THE SUB INSPECTOR OF POLICE, PUTHENCRUZ POLICE STATION-CR.612/2007 OF PUTHENCRUZ POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PREETHA, AGED 20 YEARS, D/O.VENU, POKKATTERIL, EZHIPROM KARA, AYKKARANADU NORTH VILLAGE, NOW RESIDING AT MOOPPATTIL PUTHENPURAYIL VEETTIL, EZHIPROM KARA, AYKKARANADU NORTH VILLAGE, KADAYIRUPPU P.O., 682 311. 3. VENU, AGED 44 YEARS, S/O.CHATHAN, KARUTHEDATHU PADIBHAGATHU POKKATTERIL, EZHIPROM KARA, AYKKARANADU NORTH VILLAGE. KADAYIRUPPU P.O., 682 311. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD R2 & R3 BY ADV. SRI.P.M.MANASH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4702 OF 2010 --------------------------------------------- Dated 22nd December, 2010 O R D E R Petitioners are the accused and respondents 2 and 3, the victim and the de facto complainant in C.C.159/2008 on the file of Judicial First Class Magistrate's Court, Kolencherry, taken cognizance for the offence under Section 363 of Indian Penal Code on Annexure-B final report. Prosecution case is that the petitioner induced second respondent and made her believe that he will marry her, on 8/10/2007 at about 8.15 a.m he kidnapped her from the lawful custody of the third respondent father and thereby committed the offence under Section 363 of Indian Penal Code. Petition is filed under Section 482 Crmc 4702/10 2 of Code of Criminal Procedure contending that petitioner subsequently married second respondent and a child is also born and they are happily living as husband and wife and entire disputes were settled with the third respondent de facto complainant also and in such circumstances, it is not in the interest of justice to continue the prosecution. 2. Respondents 2 and 3 appeared through a counsel and filed separate affidavits. Affidavit filed by the second respondent discloses that petitioner was in love with the second respondent and the petitioner subsequently married her and they are now happily living as husband and wife and a child was also born and the petitioner and the second respondent left the place and the father, thinking that she was kidnapped, lodged the Crmc 4702/10 3 complaint based on which the crime was registered and subsequently, entire disputes with the father were settled and they are all living happily together and in such circumstances, it is not in the interest of justice to continue the prosecution. Third respondent also filed an affidavit stating that second respondent is his daughter and petitioner married her and they are living happily as husband and wife and a child is also born and when nothing was heard about the second respondent, after she was found missing on 8/10/2007, he filed the complaint and as petitioner has married the second respondent and they are living together as husband and wife, he has no objection for quashing the proceedings. 3. Learned counsel appearing for the Crmc 4702/10 4 petitioner, respondents 2 and 3 and learned Public Prosecutor were heard. 4. The very prosecution case itself is that petitioner inducing the second respondent that he will marry, her took her from her house. The affidavits filed by respondents 2 and 3, daughter and the father, establish that petitioner married second respondent and they are now living happily as husband and wife and a child is also born. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.159/2008 on the file of Judicial First Class Magistrate's Court, Kolenchery is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.