IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 Crl.MC.No. 1087 of 2011() ------------------------------------- (F.I.R.NO.726/2010 OF ALAPPUZHA NORTH POLICE STATION) ...... PETITIONER(S): ACCUSED NOS. 1 TO 4: ----------------------------------------------------------- 1. NIJAS, S/O.SAINUDEEN, JASMIN MANZIL, VARIANTE VALAPPIL, CHERAD GATE, VADAGARA. 2. FAIZAL, AGED 31 YEARS, AYIRODI, QUARTERS, MAYYANNUR, VILLAYAPALLY, BADAGARA, KOZHIKODE. 3. SHEMEEMA, W/O.FAIZAL,AYIRODI, QUARTERS, MAYYANNUR, VILLAYAPALLY, BADAGARA, KOZHIKODE. 4. MUHAMMED, S/O.MOIDEEN, MADATHUKANDY HOUSE, KOTTACKAL P.O., IRINGAL, BADAGARA,KOZHIKODE. BY ADV. SRI.P.SHANES RESPONDENT(S): COMPLAINANTS & DEFACTO COMPLAINANT: ----------------------------------------------------------------------------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. AMINA, AGED 19 YEARS, D/O.ABDUL NAZAR, HAFZA MANZIL, CANAL WARD, ALAPPUZHA - 678 001. R1 BY PUBLIC PROSECUTOR SRI. JAIBY PAUL R2 BY ADV. SRI.B.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1087 of 2011 -------------------------------------- Dated this the 8th day of April, 2011. ORDER Petitioners are accused 1 to 4 in Crime No.726 of 2010 of Alappuzha North Police Station for offences punishable under Sections 366, 344 and 506(ii) read with Section 34 of the Indian Penal Code. Case is that on 07.07.2010 petitioners, in furtherance of their common intention forcibly took respondent No.2 in a car to Vadakara , wrongfully confined her in the house of third petitioner and she was given in marriage to first petitioner under threat and caution in a mosque at Vadakara on 17.07.2010. Petitioners request to quash proceeding against them on the strength of a settlement reached with respondent No.2. I have heard learned counsel for petitioners, respondent No.2 and the learned Public Prosecutor. 2. Learned counsel for petitioners and respondent No.2 confirmed the settlement. Learned counsel for respondent No.2 who has attested the affidavit of respondent No.2 has confirmed authenticity of the said affidavit (Annexure- III). It is submitted by learned counsel on both sides that respondent No.2 had a love affair with the first petitioner and they voluntarily got married on 17.07.2010. Now the relatives of first petitioner and respondent No.2 have agreed to perform Crl.MC No.1087/2011 2 the ceremonies connected with the marriage. It is submitted that in these circumstances continuance of proceeding is not required and it may be quashed. 3. In the light of submission made by counsel on both sides as to the cordial relationship parties have reached, arrangements in connection with marriage of first petitioner and respondent No.2 said to have been made by the relatives and the affidavit of respondent No.2 where it is stated that dispute is settled between parties I am inclined to think that further proceeding is not necessary, would only affect the cordial relationship that the parties have reached and it is only a wasteful exercise. Resultantly this Criminal Miscellaneous Case is allowed. The FIR in Crime No.726 of 2010 of Alappuzha North Police Station and all proceeding taken pursuant to it against petitioners/accused 1 to 4 are quashed. THOMAS P.JOSEPH, Judge. cks