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 30TH JULY 2009 / 8TH SRAVANA 1931 WP(Crl.).No. 290 of 2009(S) --------------------------- PETITIONER : --------------- JABIR.P.K., AGED 48 YEARS, S/O.ALI, PARASURAMAN KUNNATH HOUSE, PERAKAMANA, CHATHALLOOR.P.O., EDAVANNA, MALAPPURAM DIST. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) RESPONDENTS: --------------- 1. ASHIQUE MUNEER AGED ABOUT 30 YEARS, S/O.T.K.KOMUKUTTY, THELAKKADAN HOUSE, MANGALASSERI, MELAKKAM KARUVAMBRAM.P.O., MANJERI, MALAPPURAM DIST. 2. JAMEELA, S/O.T.K.KOMUKUTTY, THELAKKADAN HOUSE, MANGALASSERI, MELAKKAM KARUVAMBRAM.P.O., MANJERI, MALAPPURAM DIST. 3. YOUNUS, S/O.T.K.KOMUKUTTY, THELAKKADAN HOUSE, MANGALASSERI, MELAKKAM KARUVAMBRAM.P.O., MANJERI, MALAPPURAM DIST. 4. ASHRAF, S/O.T.K.KOMUKUTTY, THELAKKADAN HOUSE, MANGALASSERI, MELAKKAM KARUVAMBRAM.P.O., MANJERI, MALAPPURAM DIST. 5. SUB INSPECTOR OF POLICE, EDAVANNA POLICE STATION, MALAPPURAM DIST. 6. CIRCLE INSPECTOR OF POLICE, WANDOOR CIRCLE, WANDOOR, MALAPPURAM DISTRICT. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM FOR R2-4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 30/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.290 of 2009 ------------------------------------- Dated this the 30th day of July, 2009 JUDGMENT BASANT, J. The petitioner has come to this Court with this petition under Article 226 of the Constitution of India for issue of a writ of habeas corpus to search for, trace and produce his adult daughter, aged 22 years, a graduate. It was his grievance that his daughter, the alleged detenue, was illegally detained and confined by the 1st respondent in collusion with respondent Nos.2 to 4. 2. This petition was filed on 22.07.09. It was admitted on 23.07.09 and notice was ordered in the matter. 3. Today when the mater came up for hearing, the petitioner is present. The 1st respondent is present. The alleged detenue Jamshy is present. Respondent Nos.2 to 4, who are the sister and brothers of the 1st respondent, have also entered appearance through a counsel. All 3 of them are personally present also, it is submitted. W.P(Crl.) No.290 of 2009 2 4. The learned counsel for the petitioner submits that he does not seek any further relief from this Court now inasmuch the parties have come to some sort of an understanding/settlement. The alleged detenue has agreed to return from Court along with the petitioner and the petitioner has agreed that the marriage between the alleged detenue and the 1st respondent can be performed and solemnised in accordance with customary and religious rites. In these circumstances, the petitioner does not seek any further directions from this Court. 5. Respondent Nos.2 to 4 through their counsel submit that there is some estrangement between the 1st respondent and respondent Nos.2 to 4 and that all allegations raised against them in the Writ petition filed by the petitioner are incorrect and may not be accepted. The 1st respondent, who is also present before Court, confirms the arrangement as represented by the counsel for the petitioner. He submits that he wants to marry Jamshy, the alleged detenue, the daughter of the petitioner. 6. The alleged detenue Jamshy states before us that she is aged about 22 years - she having been born on 23.05.1987. She also confirms to Court that she now wants to return with the W.P(Crl.) No.290 of 2009 3 father/the petitioner herein and wants to get married to the 1st respondent in accordance with customary and religious rites. The alleged detenue is permitted to leave the Court along with the father/the petitioner as desired by them. 7. We are, in these circumstances, satisfied that there is no illegal detention or confinement of the alleged detenue and that no further directions are necessary in this Writ Petition. 8. This Writ Petition is dismissed as agreed. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-