IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 Crl.MC.No. 2246 of 2008() ----------------------------- CRIME NO. 406/2008 of KATTAPPANA POLICE STATION. PETITIONER: ------------ 1. UMMER HAJI ,AGED 69 YEARS, S/O. SHAKI MYTHEEN, ARAKKAPARAMBU MOUNT SEENAI HOSPITAL ROAD, THODUPUZHA. 2. NIZAR, S/O. UMMER HAJI, ARAKKAPARAMBU MOUNT SEENAI HOSPITAL ROAD, THODUPUZHA. BY ADV. SRI.S.RAJEEV RESPONDENTS: ------------------ 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.406 OF 2008 OF KATTAPPANA POLICE STATION) 2. BASHEER, S/O. PAREED RAWTHER, KUMBAMKALLIL ROAD VELLIYAMKUDY KARA, KATTAPPANA. BY ADV. SRI. C.M. NAZER, PUBLIC PROSECUTOR SRI.A.SHAFEEK FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 21/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.M.C. No. 2246 of 2008 ========================== Dated this the 21st day of July, 2008. ORDER The girl (Lipsiya Hassan) who was allegedly kidnapped is present before the court. The accused who is the 2nd petitioner is also present before the court. The 2nd respondent/de facto complainant who is the uncle of the girl is appearing through his counsel. It is not disputed that the girl was above 18 years of the age on 29.04.2008 i.e., the date of the alleged commission of the offence under Section 363 IPC. It is now conceded by all that the 2nd petitioner has married the girl and that the de facto complainant has no subsisting complaint against the petitioners. Under these circumstances, no useful purpose will be served by allowing the proceedings in Crime No. 406 of 2008 of Kattappana Police Station to continue. Accordingly, applying the ratio in Madan Mohan Abbot v. State of of Punjab [2008(2) KHC 589 (SC)], the proceedings in the above crime are quashed. This Crl. M.C is allowed as above. Dated this the 21st day of July, 2008. V. RAMKUMAR, JUDGE. rv