IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(Crl.).No. 221 of 2009(S) --------------------------- PETITIONER: --------------- T.CHANDRAKUMAR, TWINKLE HOUSE, KUNNUPUZHA, ARMADA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.V.PREMCHAND RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE, POOJAPURA POLICE STATION, POOJAPPURA, THIRUVANANTHAPURAM. 2. THE B. S. JOY, SHARON, KUDAYAL MUGHAL, MANIKANTESWARAM P.O., THIRUVANANTHAPURAM. 3. SAMBI SIMON, LOVE DALE, KUDAYAL MUGHAL, MANIKANTESWARAM P.O., THIRUVANANTHAPURAM. 4. B.S. JUSTIN, KVM RESIDENCE ASSOCIATION, HOUSE NO. 19, KUDAYAL MUGHAL, MANIKANTESWARAM P.O., THIRUVANANTHAPURAM. R1 B Y GOVT.PLEADER MR. K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(CRL)NO. 221 OF 2009 ============================ DATED THIS THE 8TH DAY OF JUNE 2009 JUDGMENT Basant,J. This petition was admitted and notice was ordered on 4-6-2009. To make sure that the submission of the petitioner that there is no dispute between him and his wife and the dispute is between the spouses on the one hand and brothers of the wife on the other hand, the wife of the petitioner was directed to appear in person before this Court today. Accordingly, the petitioner and his wife are present before court. Respondents 2 to 4, brothers-in-law of the petitioner, have also appeared before court along with the minor child of the petitioner Amritha, aged 14 years. 2. We interacted with the minor child as also the petitioner and his wife and respondents 2 to 4 in the Chamber during lunch recess. In the presence of the counsel for the petitioner and the learned Government Pleader, the parties agreed to settle all their outstanding disputes. After lunch, when the case was called on the Bench, a compromise petition signed by the petitioner and his wife on the one WPCrl.221/2009 -2- side and respondents 2 to 4 and their mother, i.e. grand-mother of the child on the other has been filed before court. The parties confirmed that they have understood the terms of the settlement and agreed to the same. As respondents 2 to 4 and their mother are not represented by counsel, the learned Government Pleader was requested to make sure that they affixed their signatures to the joint compromise petition fully cognizant with the terms of the settlement. The learned Government Pleader confirms the same. 3. We accept the joint compromise petition. The minor girl Amritha, aged 14 years is permitted to return from the court along with the petitioner and his wife. No further directions are necessary in this writ petition. 4. This writ petition is accordingly allowed in part in terms of the compromise petition filed by the parties. The joint compromise petition shall form part of this judgment. R. BASANT, JUDGE ks M.C. HARI RANI,JUDGE WPCrl.221/2009 -3- ks. WPCrl.221/2009 -4- ORDER DATED 4-6-2009 The petitioner has come to this Court with this petition complaining that his daughter, a minor girl aged 14 years is being detained and confined illegally by respondent Nos.2 to 4, who are none other than his brothers-in-law, i.e. brothers of his wife. According to the petitioner, contrary to the desires of his wife and himself, the minor child is being detained by respondents 2 to 4. The petitioner undertakes that on the next date of posting, he shall appear before court along with his wife to satisfy the court that there is no dispute between them about the custody of the minor girl. 2.This petition is admitted. Issue notice to respondents 1 to 4. The learned counsel for the petitioner offers and prays that notice may be issued by special messenger. Notice is given to the learned Government Pleader. He shall take instructions from the first respondent. Issue notice to respondents 1 to 4 by special messenger. 3. Call on 8-6-2009. R. BASANT, JUDGE M.C. HARI RANI,JUDGE WPCrl.221/2009 -5- ks.