IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WP(Crl.).No. 327 of 2009(S) --------------------------- PETITIONER(S): --------------- MANI, S/O.VELAYUDHAN, AGED 48 YEARS, PALLANCHATHANNUR GRAMAM, P.O.PALLANCHATHANNUR, VIA MATHUR, PALAKKAD-678 575. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION, ERNAKULAM DISTRICT. 2. R.VIMAL, S/O.K.RAMACHANDRAN, AGED 28 YEARS, HOUSE NO.32/654, SREE DEVI DURGA NIVAS, VADAKKANTHARA MAIN ROAD, VADAKKANTHARA, PALAKKAD DISTRICT. 3. VINOD, S/O.K.RAMACHANDRAN, AGED 32 YEARS, HOUSE NO.32/654, SREE DEVI DURGA NIVAS, VADAKKANTHARA MAIN ROAD, VADAKKANTHARA, PALAKKAD DISTRICT. 4. MURALI, AGED ABOUT 47 YEARS, MANAGER, SREE DEVI DURGA THEATRE, G.B.ROAD, PALAKKAD. ADV. SRI.RAJESH SIVARAMANKUTTY FOR R3 & R4 GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARIRANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.327 of 2009 ---------------------------------------- Dated this the 8th day of October 2009 J U D G M E N T BASANT,J This judgment must be read in continuation of the earlier orders passed by this court resting with the order dated 08/09/2009. The petitioner has come to this court for issue of a writ of habeas corpus to search for, trace and produce his adult daughter aged 20 years, employed at Ernakulam, who was allegedly found to be missing from 10/08/2009. He had apprehended that the alleged detenue was under the illegal detention and confinement of the second respondent. 2. The alleged detenue appeared before court. The parties came to a harmonious settlement. It is now reported that the marriage between the alleged detenue and the second respondent has been performed and has been duly registered with the local Registrar of Marriage, Chottanikkara Gramma Panchayat. A certificate dated 19/09/2009 has been produced for our perusal to confirm that such marriage has been registered. All parties including the petitioner herein accept that such marriage has been registered. W.P.(Crl)No.327/09 2 3. The learned counsel for the petitioner submits that in view of the harmonious settlement and the registration of the marriage between the alleged detenue and the second respondent, the petitioner does not seek any further directions in this writ petition. This writ petition may, in these circumstances, be dismissed, it is prayed. 4. We accept the request of the learned counsel for the petitioner. This writ petition is, in these circumstances, dismissed. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.(Crl)No.327/09 3 This order must be read in continuation of the order dated 18/08/2009. Today when the case is called, the petitioner is present. The 2nd respondent has come to court today along with the alleged detenue M.Rohini. We interacted with Ms.Rohini in the open court. She stated that she is 19 years old, she having been born on 13/5/1990. As she comes from the custody of the 2nd respondent, we permitted the alleged detenue to remain alone in the chamber with opportunity to interact with her parents - the petitioner and his wife. We interacted with the parties separately initially and jointly later after the lunch recess. The petitioner and his wife now accept that their daughter, the alleged detenue has got married in accordance with law with the 2nd respondent. As proof thereof the alleged detenue and the 2nd respondent have produced as photographs and also a vazhipadu receipt dated 23/8/2009 for marriage issued by the Chottanikkara Devi Kshethram. The learned counsel for the petitioner submits that inasmuch as the petitioner now accepts the alleged detenue and the 2nd respondent to be legally married spouses, no further directions are necessary in the matter. But the petitioner prays that it may be insisted that the marriage is registered with the local W.P.(Crl)No.327/09 4 authority in accordance with law. The petitioner also prays that the petitioner may be given an opportunity to conduct a reception in connection with the marriage between the 2nd respondent and the alleged detenue so that their marital tie shall get social acceptance. The 2nd respondent and the alleged detenue readily agree to this course. 2. Call this petition again on 08/10/2009. On that day, the 2nd respondent and the alleged detenue agree to produce certificate showing registration of their marriage. The petitioner submits and the alleged detenue and the 2nd respondent accepts that a reception to claim social recognition and acceptability shall also be conducted by that date. The learned Government Pleader submits that the police shall, in the meantime, take necessary action to close the crime registered. (R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr W.P.(Crl)No.327/09 5 Dated this the 25th day of May 2009 O R D E R BASANT,J The grievance of the petitioner is that her husband is missing from 6/9/2008 and she apprehends that the police have taken him into custody. 2. The allegations are denied. It is submitted that the petitioner's husband is a person involved in several theft cases and his presence is required before many criminal courts. Active efforts are afoot to trace the person and produce him before the courts where the cases against him are pending. The learned Government Pleader prays for time to trace the alleged detenu and produce him before the courts concerned. The learned Government Pleader further submits that the petitioner is a criminal wanted in many pending cases and a detailed statement shall be filed giving all such necessary and vital details. 3. Time is granted to the learned Government Pleader to file statement. In the meantime, every effort shall be made to trace the alleged detenu and produce him before the learned Magistrate having jurisdiction. Call on 30/6/2009. W.P.(Crl)No.327/09 6 W.P.(Crl)No.327/09 7 R.BASANT &C.T.RAVIKUMAR, JJ. .No. of 200 ORDER/JUDGMENT 06/02/2009