IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 Crl.MC.No. 1277 of 2010() ------------------------------------- CP.31/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KOLLAM. CRIME NO.159/2008 OF KOLLAM WEST POLICE STATION, KOLLAM DISTRICT. .................... PETITIONER/ACCUSED: ---------------------------------- SOORAJ, S/O.SIVANKUTTY, NADAYIL VADAKKATHIL, NEAR MULAMKADAKOM TEMPLE, KOLLAM WEST, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENTS/DEFACTO COMPLAINANT: --------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM WEST POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. NIZAMUDEEN, S/O.MUHAMMEDKUNJU, VELIYILTHEKKATHIL, OPPOSITE OF MENMA MILL, MATHETHARA NAGAR 74, KUREEPUZHA CHERRY, KOLLAM WEST VILLAGE. R1 BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No. 1277 of 2010 -------------------------------------- Dated this the 24th day of May, 2010 ORDER Petitioner, who is the sole accused in C.P.No.31/2009 on the file of the Judicial First Class Magistrate Court-II, Kollam, seeks to quash the entire proceedings against him. 2. The offence alleged against the petitioner is one punishable under section 366 of the IPC. Seventeen year old Summayya, studying in the plus two course, eloped with the petitioner herein. Consequently, a case of "man missing" was filed against the petitioner in the Kollam West Police Station by her father. The police registered Crime No.159/2008 under the caption "man missing". Summayya was subsequently traced out and she was produced in the court and latter she married a Muslim boy from her own community and she is presently living abroad, happily. 3. The complaint against the petitioner was lodged Crl.M.C. No.1277 of 2010 : 2 : by the father of Summayya. Except the said complaint, Summayya, the alleged victim had not filed any statement or complaint before the police or the court. On the contrary, her only statement was that she had gone with the petitioner on her own. The same cannot constitute an offence punishable under Section 366 IPC. 4. Having regard to the events and the marriage of Summayya with another person, coupled with the fact that the victim has not filed any complaint against the petitioner, it will be an abuse to the process of court to allow the proceedings to continue. Accordingly C.P.No.31/2009 on the file of the Judicial First Class Magistrate Court-II, Kollam is quashed. This Criminal M.C is allowed as above. V.RAMKUMAR, JUDGE dmb Crl.M.C. No.1277 of 2010 : 3 : Crl.M.C. No.1277 of 2010 : 4 :