IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Crl.MC.No. 3990 of 2011() ------------------------- SC. 54/2010 of SESSIONS COURT, PATHANAMTHITTA .................... PETITIONER(S): ACCUSED ------------------------------------- ANILKUMAR @ UNNI, S/O. SHIVANKUTTY NAIR, AGED 28 YEARS, NANDHAVILASAM HOUSE, VADAKKEKARA MURI, GURUNATHANMANNU, SEETHATHODU VILLAGE, CHITTAR, PATHANAMTHITTA. BY ADV. SRI. AJEESH K. SASI RESPONDENT(S): DEFACTO COMPLAINANT & STATE ----------------------------------------------------------------------------- 1. SHIVAPRASAD, AGED 44 YEARS, S/O. SREEDHARAN NAIR, RAMANANDHANAM HOUSE, VADAKKE MURI, MOONUKALLU SEETHATHODU VILLAGE, CHITTAR, RANNY TALUK, PATHANAMTHITTA DISTRICT - 689 645. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. R2 BY PUBLIC PROSECUTOR SRI. RAMESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PN Crl.MC.No. 3990 of 2011() APPENDIX PETITIONER(S) EXHIBITS ANNEXURE-A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1/2007 OF CHITTAR POLICE STATION. ANNEXURE-B THE AFFIDAVIT SWORN IN BY THE DEFACTO COMPLAINANT SIGNIFYING THE FACTUM OF SETTLEMENT COMPOSITION OF THE DISPUTES WITH THE PETITIONER. ANNEXURE-C THE AFFIDAVIT SOWRN IN BY THE ALLEGED VICTIM SIGNIFYING THE FACTUM OF SETTLEMENT COMPOSITION OF THE DISPUTES WITH THE PETITIONER. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P. A. TO JUDGE PN N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3990 of 2011 ----------------------------------- Dated this the 22nd day of November 2011 O R D E R Petitioner is the accused in S.C.No.54/2010 of Sessions Court, Pathanamthitta. The allegation is that petitioner and the respondent's daughter were in love with each other and that the petitioner kidnapped the girl who was a minor and made her stay in another building promising that he will marry her when she attains majority. Since the girl was kidnapped, her father who is the first respondent herein filed a complaint alleging offence punishable under Sec.363 IPC. There is no allegation of rape. 2. The first respondent is represented in this Court by his counsel. It is submitted that the parties have settled the matter. Since the victim girl (first respondent's daughter) was minor, the case was committed to the court of Sessions (Children's Court) constituted under Sec.25 of the Central Act 4/06. It is submitted by both sides that Crl.M.C. No.3990 of 2011 -: 2 :- petitioner and the respondent's daughter are now living together as husband and wife and so the first respondent has no further grievance in the matter. Since it is reported that respondent's daughter and petitioner are living together as husband and wife, this Crl.M.C. is allowed. Further proceeding in S.C.No.54/2010 of Sessions Court, Pathanamthitta is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt