IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 Crl.MC.No. 4024 of 2009() ------------------------- SC.506/2006 of ASSISTANT SESSIONS COURT, KOYILANDY .................... PETITIONER(S): ------------------------- 1. AUGUSTINE,AGED 33,S/O.AUGUSTY, THURUTHIKATTIL HOUSE,PERUVANNAMUZHI.PO, CHAKKITAPARA AMSOM DESOM,KOYILANDY TALUK, KOZHIKODE TALUK. 2. AUGUSTY,AGED 64,S/O.THURUTHUKATTIL HOUSE,PERUVANNAMUZHI.PO,CHAKKITAPARA AMSOM DESOM, KOYILANDY TALUK,KOZHIKODE TALUK. 3. MARY AUGUSTY,AGED 59,S/O.THURUTHIKATTIL HOUSE,PERUVANNAMUZHI.PO,CHAKKITAPARA AMSOM DESOM, KOYILANDY TALUK,KOZHIKODE TALUK. 4. SAIDU,AGED 43,S/O.UMMER, ODAKKAL HOUSE,NARINADA,KOMATHUPARA,CHAKKITAPARA AMSOM DESOM,KOYILANDY TALUK,KOZHIKODE TALUK. 5. MATHAI @ SANTHOSH,AGED 30,S/O.MADHAVAN, KARIMANTHADATHIL HOUSE,CHAKKITAPARA AMSOM DESOM, KOYILANDY TALUK,KOZHIKODE TALUK. BY ADVS. MR.A.RANJITH NARAYANAN, MR.S.K.SAJU. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP.BY S.I.PERUVANNAMUZHI POLICE STATION, THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. T.M.CHACKO,AGED 50 YEARS,S/O.(LATE) MATHEW, THEKKANAT HOUSE,CHAKKITTAPARA.P.O, CHAKKITAPARA AMSOM DESOM,KOYILANDY TALUK, KOZHIKODE TALUK. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.4024 OF 2009 =========================== Dated this the 6th day of January,2010 ORDER First petitioner is the son of petitioners 2 and 3. Petitioners are the accused in S.C.506/2006 on the file of Assistant Sessions Court, Koyilandy taken cognizance by the learned Assistant Sessions Judge on committal in C.P. 65/2005 by Judicial First Class Magistrate Court-II, Perambra. C.P.65/2005 was taken cognizance for the offences under sections 341, 342, 344, 354, 365, 366, 366A, 368 and 506(ii) read with section 34 of Indian Penal Code on Annexure A1 complaint filed by second respondent de facto complainant. The allegation in Annexure A1 complaint is that petitioners in furtherance of their common intention kidnapped the daughter of second respondent and committed all the offences. Crl.M.C.4024/2009 2 This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that Annexure A1 complaint was filed under a mistaken belief, when in fact the daughter of the second respondent was in love with the first petitioner and subsequently first petitioner married the daughter of second respondent at St.Antony's Church, Chakkittappara apart from the registered marriage at Registrar's Office, Koorachundu. It is stated that as the daughter of the second respondent is happily living with petitioners 1 to 3 and a child was born to her in that wedlock with first petitioner, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed Annexure A2 affidavit stating that his daughter was subsequently married by first petitioner and they are now living happily as husband and wife and a child is born in the Crl.M.C.4024/2009 3 wedlock and in such circumstances, the case is to be quashed. 3. As stated earlier, the case was committed to the Sessions Court based on Annexure A1 private complaint filed by second respondent. The affidavit filed by second respondent establishes that there has been an amicable settlement of the disputes and first petitioner who allegedly took away the daughter of second respondent, married her and they are now living happily and a child is also born in that wedlock. When the offences are personal in nature as against second respondent, and his daughter, and there has been an amicable settlement of the disputes, it is not in the interest of justice to continue the prosecution especially when first petitioner married the daughter of second respondent and a child is born in that wedlock and they are living cordially. Crl.M.C.4024/2009 4 4. In such circumstances, petition is allowed. S.C.No.506/2006 on the file of Assistant Sessions Court, Koyilandy is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006