IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 WP(C).No. 7662 of 2011(G) -------------------------------------- PETITIONER(S): ------------------------ 1. MUHAMED, S/O.AHAMED KOMU, AGED 54 YEARS, NOW RESIDING AT D37, HINDALCO INDUSTRIES LTD., LABOUR QUARTERS, KUTTICKATTUKARA P.O., UDYOGAMANDAL, ERNAKULAM DISTRICT. 2. SANJU P.M., AGED 26 YEARS, S/O.MUHAMED, PADIYATH HOUSE, KUTTICKATTUKARA P.O., UDYOGAMANDAL, ERNAKULAM DISTRICT. 3. NADIYA, D/O.SALAIM, 23 YEARS, NOW RESIDING AT D37, HINDALCO INDUSTRIES LTD, LABOUR QUARTERS, KUTTICKATTUKARA P.O., UDYOGAMANDAL, ERNAKULAM DISTRICT. BY ADV. SRI.T.O.XAVIER RESPONDENT(S): --------------------------- 1. S.SALIM, PUTHENVILAYIL HOUSE, P.O.MANNADY, ENATTU, QUILON DISTRICT - 691 530. 2. SUB INSPECTOR OF POLICE, ELOOR POLICE STATION, P.O.ELOOR - 683 501. 3. ASST.COMMISSIONER OF POLICE, ERNAKULAM - 682 031. *ADDL.R4 IMPLEADED: R4. SHANAVAS.M.D.,S/O. U.MOHAMMED, C/O.NIZAR,A,, JOHNSON'S BUILDING, S.M.K.STORES, NO.10, INDIRA NAGAR, 1ST STAGE, BANGALORE - 38. (IS SUO-MOTU IMPLEADED AS ADDITIONAL R4 AS PER ORDER DTD. 15/03/2011 IN THE WPC) R1 BY ADVS. SRI. K.SHAJ, SRI.SAJJU.S. R2 & R3 BY GOVERNMENT PLEADER SRI. T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.7662/2011 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF NOTICE FOR SEEKING DIVORCE SENT BY THE 2ND RESPONDENT AND 3RD RESPONDENTS. P2: COPY OF THE PETITION SUBMITTED BY THE 1ST PETITIONER TO 2ND AND 3RD RESPONDENTS. P3: COPY OF THE PETITION SUBMITTED BY THE 3RD PETITIONER BEFORE THE 2ND AND 3RD RESPONDENTS SEEKING POLICE PROTECTION FROM HARASSMENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.7662 of 2011-G ***************************** Dated this the 25th day of March, 2011 JUDGMENT BASANT, J. Facts are indeed strange. Petitioners 1 and 2 are a father, aged 54, and his son, aged 26 years. The 3rd petitioner, it is claimed, is the fiancee of the 2nd petitioner. She was earlier married to the 4th respondent. It is asserted that she did not relish that marriage with the 4th respondent. But she was compelled by her father, the 1st respondent, to go through that marriage. Subsequently she returned to her fiancee, the 2nd petitioner. The 2nd and 3rd petitioners are now residing together. The police, under the influence of the 1st respondent, is harassing the petitioners. It is, in these circumstances, that the petitioners came to this Court with this petition. 2. During the pendency of the proceedings, respondent No.4 entered appearance before the Court. It was reported to the Court that a petition for issue of a writ of habeas corpus filed by the 4th respondent is pending before another Bench of this Court. W.P(C) No.7662 of 2011-G 2 3. It is now submitted that the said petition filed by the additional 4th respondent/husband has been dismissed by the other Bench after recording the statement of the 3rd petitioner that she is not under the illegal confinement or detention of anyone. The learned counsel for the 4th respondent now submits that the 4th respondent is willing to divorce the 3rd petitioner. The learned counsel for the 1st respondent, the father of the 3rd petitioner, submits that taking note of the turn of events now, the 1st respondent does not want any relief against the petitioners. He will not press any claim before the police. 4. The learned Government Pleader after taking instructions from respondents 2 and 3 submits that there was a complaint of woman missing. The 3rd petitioner, a married woman, was allegedly missing. A crime was registered. Necessary steps were taken in the investigation on that crime. It was revealed that the 3rd petitioner was residing along with petitioners 1 and 2. The police was duty bound to trace the woman allegedly missing and therefore steps were taken in that regard. 5. It is now evident to the police that the 3rd petitioner is not missing. The police are now satisfied that the 3rd petitioner W.P(C) No.7662 of 2011-G 3 is not under any illegal detention or confinement. The 2nd and 3rd petitioners are physically present before Court. The learned Government Pleader submits that steps taken for the due investigation of the crime registered under the caption `woman missing' are being incorrectly described and reckoned as harassment by the petitioners. The police have no intention to harass the petitioners. Now that the investigation in the crime is over, no steps whatsoever shall be taken against the petitioners. This submission/undertaking may be recorded and the proceedings may be closed, submits the learned Government Pleader. The learned Government Pleader further submits that taking note of all the relevant circumstances, including the presence of petitioners 2 and 3 happily before this Court, steps shall be taken by the Investigating Officer to discontinue the proceedings in the crime registered under the caption `woman missing'. 6. We have considered all the relevant inputs referred above. We are satisfied that accepting the submissions of the learned Government Pleader, this Writ Petition can be closed and no directions are necessary. W.P(C) No.7662 of 2011-G 4 7. This Writ Petition is accordingly dismissed with the above observations. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/ W.P(C) No.7662 of 2011-G 5 R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.7662 of 2011 ***************************** Dated this the 21st day of March, 2011 ORDER BASANT, J. Parties are present, it is submitted. They and their counsel shall proceed to the Nodal Officer straightaway, who shall assign the services of a Mediator to the parties. The counsel shall assist the Mediator if so requested by the Mediator. 2. Await report of the Mediator. Put up immediately W.P(C) No.7662 of 2011-G 6 after the report of the Mediator is received and if no report is received by then, call on 23.05.2011. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/