IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(Crl.).No. 257 of 2009(S) --------------------------- PETITIONER: --------------- VINUDHAN, KODIANTHARA HOUSE, THURUTHIPURAM, MOOTHAKUNNAM P.O., PARAVUR. BY ADV. SRI.M.S.UNNIKRISHNAN RESPONDENTS: --------------- 1. DIRECTOR GENERAL OF POLICE, (LAW & ORDER), POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF POLICE, NORTH PARAVUR POLICE STATION. 3. SREEKUMAR, RECEPTIONIST, CC TOWER, CHENNAMANGALAM JUNCTION, NORTH PARAVUR, ERNAKULAM DISTRICT. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.257 of 2009 ------------------------------------- Dated this the 7th day of August, 2009 ORDER BASANT, J. This order must be read in continuation of the earlier order dated 13th July, 2009. The petitioner and counsel are present. The learned counsel for the petitioner submits that the disputes have not been settled though attempts are being made to normalise the relationship between the petitioner and family on the one side and the alleged detenue and the 3rd respondent on the other. The 3rd respondent and the alleged detenue are not present today. But in the light of the submission of the learned counsel for the petitioner, we are satisfied that it is not necessary to adjourn the case any further to facilitate settlement between the parties. 2. This Writ Petition is accordingly dismissed. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/ W.P.(Crl) No.257/09 2 R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.257 of 2009 ------------------------------------- W.P.(Crl) No.257/09 3 Dated this the 13th day of July, 2009 ORDER BASANT, J. The petitioner, the father of the alleged detenu aged 20 years, has come to this court for the issue of a writ of habeas corpus to search for, trace and produce his daughter Krishnendu who has been missing from 30/6/2009. He apprehended that his daughter, the alleged detenu Krishnendu, was being detained by the 3rd respondent herein, a young man aged about 25 years. 2. This petition was filed on 03/07/2009. It was admitted on 06/07/2009 and the same was posted to this date. Today when the case was called, the petitioner is present along with his wife as also his counsel. The 3rd respondent has entered appearance. He is not represented by any counsel. He has brought with him the alleged detenu. 3. We allowed the alleged detenu to remain in the chamber with opportunity for none to interact with her other than the petitioner and his wife. The learned Government Pleader submits that the police have registered a crime - crime No.537/09 of the Vadakkekkara police station in respect of the disappearance of the alleged detenu. The alleged detenu was traced by the police and W.P.(Crl) No.257/09 4 was produced before the learned Magistrate having jurisdiction on 09/07/2009. The police is satisfied that the marriage between the alleged detenu and the 3rd respondent had taken place on 03/07/2009 between 9 a.m and 9.30 a.m at the Nayarambalam Mahavishnu Temple. He has produced a certificate to that effect issued by the General Secretary of the Akhila Vyppin Pulaya Vamsodharini Sabha (A.V.P.V Sabha). The learned Magistrate had, after satisfying himself that the alleged detenu is not under confinement or detention, permitted her to go with the 3rd respondent. 4. We interacted with the alleged detenu in the post lunch session at the chamber. The alleged detenu is emphatic that she is the legally wedded wife of the 3rd respondent and that she wants to leave the court with her husband, the 3rd respondent herein. 5. In proceedings of the writ of habeas corpus, this court is concerned with the question whether she has been in illegal confinement or detention by the alleged detenu. The wisdom, correctness, prudence and morality of the decision of the alleged detenu are not to be considered by the habeas corpus court. We are convinced from the statement of the alleged detenu that she is not under any illegal confinement or detention. She is an adult W.P.(Crl) No.257/09 5 major, she having crossed the age of 20 years - her date of birth having 03/01/1989. We respect her wishes and we are satisfied that this writ petition need only be dismissed now. However, after interacting with all concerned, we are persuaded to feel that an attempt must be made to persuade the parties to come to a harmonious settlement. All parties concerned are not averse to that idea. We do, in these circumstances, direct that the parties must appear before this court again on 23/7/2009 to continue the efforts to settle the disputes. Our efforts reveal that it may not be impossible to persuade the parties to come to a harmonious settlement. If the parties are not able to settle their disputes by 23/7/2009, they shall be referred to a mediator. Inform the Nodal Officer, who shall make the services of a mediator available to the parties on that date. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr