IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 Crl.MC.No. 495 of 2010() ------------------------ CP.267/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA .................... (CRIME NO.426/09 OF EZHUCON POLICE STATION,KOLLAM DISTRICT) ..... PETITIONER(S): ACCUSED: ----------------------------------------- JINITH, AGED 25 YEARS, S/O.RAJU, RAJAS HOUSE, NEAR KARSHAKA JUNCTION, SREENARAYANAPURAM, VADAKKEVILA, KOLLAM. BY ADVS. DR.K.P.SATHEESAN, SRI.K.K.GOPINATHAN NAIR, SRI.M.R.JAYAPRASAD, SRI.P.MOHANDAS (ERNAKULAM), SRI.MATHEW SUNNY. RESPONDENT(S): STATE & COMPLAINANT: ------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. THE SUB INSPECTOR OF POLICE, EZHUKON POLICE STATION, KOLLAM DISTRICT. *ADDL.R3 & R4 IMPLEADED: R3. A.LALJI, ASWATHI HOUSE, NEAR MOOKAMBIKA TEMPLE, EZHUCON, KOLLAM DISTRICT, PIN - 691 505. R4. ANAGHA, D/O.ANITHA KUMARI, ASWATHI HOUSE, NEAR MOOKAMBIKA TEMPLE, EZHUCON, KOLLAM DISTRICT, PIN - 691 505. (*ADDL.R3 & R4 ARE IMPLEADED AS PER ORDER DTD. 28/09/2010 IN CRL.M.A.NO.5925/10) R1 & R2 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR ADDL.R3 & R4 BY ADV. SRI.K.V.ANIL KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.495 of 2010 --------------------------------------- Dated this 11th day of March, 2011 ORDER This petition is filed by the accused in Crime No.426 of 2009 of Ezhukone Police Station now pending in the Court of learned Additional Sessions Judge-I, Kollam as S.C.No.325 of 2010 for offence punishable under Secs.511 of 366(A) of the Penal Code for alleged attempt to kidnap the 4th respondent, then a minor studying for the Plus Two course. Though the prayer in this proceeding is to quash Annexure-1, final report and committal proceeding pending before learned Judicial First Class Magistrate-I, Kottaraka in C.P.No.267 of 2009 on various grounds mentioned in the petition, now the prayer is to quash proceeding on the strength of a settlement reached between petitioner and respondents 3 and 4. I have heard learned counsel for petitioner, respondents 3 and 4 and the learned Public Prosecutor. 2. The case is that on the relevant day and time, petitioner was waiting in a car outside school where the fourth respondent was studying with intend to kidnap her from the lawful guardianship of the third respondent. According to the petitioner, he had a love affair with the fourth respondent. In the Crl.M.C.No.495 of 2010 -: 2 :- affidavit of the third respondent the authenticity of which counsel for respondents 3 and 4 confirmed it is stated that the fourth respondent is now studying for the B.D.S course, if the case continues it will badly affect her future and that after talking over the matter with the petitioner, his parents and others parties have settled the dispute. The affidavit further says that respondents 3 and 4 have no objection to quash proceeding against the petitioner. Third respondent has sworn the affidavit on behalf of the fourth respondent also. Learned counsel for respondents 3 and 4 submitted that fourth respondent has also agreed that the proceeding be quashed pursuant to the settlement. 3. I stated the defence pleaded by petitioner. The allegation is attempt to kidnap the fourth respondent from the lawful guardianship of third respondent. As stated in the affidavit of the third respondent, fourth respondent is now a student of B.D.S and continuance of the case might affect her future. It is revealed from the submission of learned counsel for petitioner and respondents 3 and 4 and the affidavit of third respondent that the dispute is settled between the parties. In such a situation having due regard to the future of the fourth respondent also and Crl.M.C.No.495 of 2010 -: 3 :- taking into account the fact that as the matter is settled prosecution might not yield the expected result, I am inclined to allow the request. Resultantly this petition is allowed. Annexure-A1, final report in Crime No.426 of 2009 of Ezhukone Police Station, committal proceeding in C.P.No.267 of 2009 of the Court of learned Judicial First Class Magistrate-I, Kottarakkara and proceeding in S.C.No.325 of 2010 of the Additional Sessions Court-I, Kollam against petitioner are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-