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 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 WP(Crl.).No. 282 of 2009(S) --------------------------- PETITIONER(S): --------------- GOPALAKRISHNA PILLAI GOKULAM HOUSE, KADAPPAMURI,MYNAGAPPALLY VILLAGE KOLLAM DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.RAJAN VELLOTH SRI.A.S.SABU SRI.RAFEEK. V.K. RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT HOME DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE SASTHAMCOTTA POLICE STATION SASTHAMCOTTA, KOLLAM DISTRICT. 3. B.SURESHKUMAR RESIDING AT ROOM NO.10, VALLAVESWARM BUILDINGS, ASHTAVINAYAKAM SOCIETY COLONY,ASHOK NAGAR, SATHPUR,NASSIK DISTRICT,MAHARASHTRA STATE. ADV. SMT.REENA ABRAHAM FOR R3 SRI.J.SANTHOSH FOR R3 GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.282 of 2009 ---------------------------------------- Dated this the 8th day of September 2009 J U D G M E N T Basant,J This judgment must be read in continuation of the earlier orders dated 17/07/2009, 24/07/2009, 29/07/2009, 04/08/2009 and 17/08/2009. 2. This petition is filed by the father of the alleged detenue alleging that his daughter is illegally confined and detained and subjected to inhuman torture by the son-in-law, that is the 3rd respondent. Notice was ordered. The alleged detenue entered appearance before court. The 3rd respondent also entered appearance. As parties wanted a reference to be made to the mediator, that request was accepted and the parties were referred to the mediator. All outstanding disputes have now been settled in the presence of the mediator and a memorandum of agreement has been filed by the parties. 3. The learned counsel, on behalf of the parties, pray that the memorandum of agreement may be accepted and all further proceedings dropped. This writ petition may be closed accepting the memorandum of agreement filed by the parties, it W.P.Crl No.282/09 2 is prayed. The learned counsel for the 3rd respondent has filed I.A.No.11089 of 2009 praying that powers under Section 482 Cr.P.C as enabled by the dictum in B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386], Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287], Nikhil Merchant v. Central Bureau of Investigation [2008(3) KLT 769(SC)] and Manoj Sharma v. State [2008(4)KLT 417 SC] may be invoked and the F.I.R registered against the 3rd respondent may be quashed. Notice was given to the learned Government Pleader. The learned Government Pleader does not raise any objection. 4. This writ petition is, in these circumstances, allowed in part. Crime No.487/09 of Sasthamkotta police station registered against the 3rd respondent herein is quashed invoking the jurisdiction under Section 482 Cr.P.C. No further directions are necessary in this writ petition. The memorandum of settlement by the parties dated 25/8/2009 shall be appended to this judgment. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr W.P.Crl No.282/09 3 W.P.Crl No.282/09 4 W.P.Crl No.282/09 5 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009