IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 WP(C).No. 27537 of 2008(C) -------------------------- PETITIONER(S): --------------- ATHULYA.S.BABU, AGED 20 YEARS, D/O.SATHYA BABU, ARCHANA NIVAS, PUNNAMOODU DESOM, VARKALA VILLAGE. BY ADV. SRI.N.ASHOK KUMAR SRI.SUDHEENDRAN. K.Y. RESPONDENT(S): --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, VARKALA. 3. THE SUB INSPECTOR OF POLICE, VARKALA. GOVERNMENT PLEADER SRI.S.U.NAZER FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.27537 of 2008 ---------------------------------------- Dated this the 21st day of October 2008 J U D G M E N T The petitioner has come to this court with this application under Section 482 Cr.P.C for quashing a prosecution against seven accused persons on the allegation that they have committed offences punishable under Sections 363, 366A and 368 read with 34 I.P.C. The petitioner, a young woman, aged 20 years has come to this court now with her mother to report to the court that she does not want to proceed against the accused persons. All outstanding disputes have been settled and she and her mother have compounded all offences allegedly committed by the accused persons. 2. It may be advantageous to refer to the skeletal facts. At a time when the petitioner was aged below 18 years, she was allegedly in love with the first accused. Accused 1 to 4 had allegedly abducted the minor petitioner in a car. The first accused and the petitioner herein allegedly got the marriage solemnised in a temple. Accused 5 and 6 helped the first accused and the petitioner to go to the house of the 7th accused W.P.C.No.27537/08 2 where they allegedly lived for some period of time. Crime was registered on the basis of the complaint of the father of the petitioner that she was missing. Crime under the caption woman missing was registered and investigation was conducted. In the course of investigation, it was revealed that the offences referred above have also been committed. Accordingly, the said Sections were included in the F.I.R and investigation proceeded. After completing the investigation, final report has been filed and cognizance has been taken by the learned Magistrate. Proceedings are pending before the learned Magistrate after cognizance now, it is submitted. 3. It is at this juncture that the petitioner herein along with her mother have come to this court to report settlement/composition. The father of the petitioner is no more and her mother has stepped into the shoes of the father as legal heir. Both the petitioner and her mother have filed affidavits to confirm that the disputes have been settled; that the offences have been compounded and the petitioner and her mother do not want further proceedings to go on. It is submitted at the Bar that the petitioner is contemplating a fresh marriage and that in W.P.C.No.27537/08 3 these circumstances the petitioner does not want to prosecute the accused. The composition may be accepted and invoking 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] it is prayed that the proceedings may be brought to premature termination. The continuation of the prosecution would be unnecessary and would cause endless harassment and embarrassment to the petitioner, it is urged. 4. Initially, the affidavit of the mother of the petitioner was not filed. Subsequently the petitioner and her mother appeared before this court to confirm that there has been settlement and composition. It was thereafter that the mother also filed affidavit. 5. The learned Public Prosecutor, after taking instructions initially had stated that to the knowledge of the investigating officer, there has been no settlement. However, after appearance of the mother and the petitioner before court, the learned Public Prosecutor after taking instructions, confirms W.P.C.No.27537/08 4 that the matter has been settled and the petitioner and her mother have compounded the offences allegedly committed by the accused persons. 6. None of the accused have appeared before this court. The learned counsel for the petitioner submits that inasmuch as the petitioner and her mother asserts composition, unnecessary embarrassment by insistence on the appearance of the accused persons before this court may be avoided and the proceedings against the accused persons may be quashed. 7. I take note of all the relevant inputs available. The learned Public Prosecutor has taken me through the relevant portions of the case diary. There is no specific contention that the alleged intercourse was without the consent of the petitioner or that such intercourse amounts to any offence punishable. The alleged offence is only kidnapping and the petitioner and the mother/legal heir of the then guardian/father having compounded the offence, I am satisfied that this is an eminently fit case where the extraordinary inherent jurisdiction under Section 482 Cr.P.C as enabled by the dictum in the four cases referred above can be invoked notwithstanding the fact that W.P.C.No.27537/08 5 some of the offences alleged are non-compoundable. I take note of the attitude of the State and the submission of the learned Public Prosecutor that the State has no objection against acceptance of composition. 8. In the result, a) This writ petition is allowed. b) The proceedings initiated against the accused persons on the basis of the final report in crime No.274/06 of Varkkala police station which was registered initially in respect of the alleged missing of the petitioner is hereby quashed. (R.BASANT, JUDGE) jsr W.P.C.No.27537/08 6 W.P.C.No.27537/08 7 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007