IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 Crl.MC.No. 3582 of 2008(E) -------------------------- PETITIONER(S): ACCUSED ------------------------------------- NEETHU P.P., D/O.BHASKARAN, 24 YEARS, STUDENT, PARAMBANTAVIDA VEETTIL, PANNIYANNOOR DESOM, CHAMBAD DESOM, THALASSERY. BY ADV. SRI.K.P.HAREENDRAN RESPONDENT(S): COMPLAINANT AND STATE ----------------------------------------------------------------- 1. JOSE MICHEL, S/O.MICHEAL, 25 YEARS, CHARAMKAT VEEDU, MANGALAM WARD, THUMBOLI (P.O), ALAPUZHA. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI. K.S. HARIHARAPUTHRAN R2 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 3582 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of January, 2010. ORDER This is a petition filed under Section 482 of the Code of Civil Procedure seeking to have the further proceedings in C.C. No.498 of 2008 pending before the Chief Judicial Magistrate Court, Alappuzha quashed. 2. This case has a chequered career. While the petitioner was studying for M.Sc., she seems to have taken a fancy for the first respondent. Many things happened thereafter, which are not very relevant for the present purpose. Her mother filed a complaint before the Additional Chief Judicial Magistrate Court, Thalassery and she was brought before the court below. Before the court, she expressed her desire to go with her mother. Thereafter the first respondent has approached this court by filing a petition and that was closed. Thereafter the first respondent filed a complaint before the Chief Judicial Magistrate court, Alappuzha alleging offence Crl.M.C.3582/2008. 2 under Sections 406 and 418 of the Indian Penal Code. The allegation was that the petitioner had executed an agreement with a view to cheat him. 3. This court is given to understand that when the girl was brought before the court below, she expressed her desire to stay with her mother. Therefore, it follows that none of the allegations made by the first respondent are justified, and the result is that no purpose will be served by proceeding with the case except harassing the petitioner. In the light of these facts, this petition is allowed and all further proceedings in C.C. 498 of 2009 stand quashed. P. BHAVADASAN, JUDGE sb.