IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 Crl.MC.No. 3971 of 2009() --------------------------------------- L.P.207/2009 OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT I, KOTTAYAM. ..... (CRIME NO.18/2007 OF KOTTAYAM EAST POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- HAPPY KURIAN, AGED 35 YEARS, S/O.KURIAN, RESIDING AT ALUMMOOTTIL HOUSE, KANJIKKUZHI, MUTTAMBALAM VILLAGE, KOLLAM DISTRICT. BY ADV. MR.T.MADHU RESPONDENT(S): --------------------------- 1. THE STATION HOUSE OFFICER, KOTTAYAM EAST POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BABU MENON, S/O.VENUGOPAL, GLORI BHAVAN, IRANJAL, THATTASSERY KARA, MUTTAMBALAM VILLAGE, KOTTAYAM DISTRICT. 3. REENA MATHEW, D/O.MATHEW THOMAS, AGED 36 YEARS, THANNIPLAKKAL HOUSE, POOVAPPALLY KARA, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.3971 OF 2009 ------------------------------------------ Dated 8th January 2010 O R D E R Petitioner is the accused in C.P.11/2008 now pending as L.P.207/2009 on the file of Judicial First Class Magistrate-I, Kottayam taken cognizance for the offence under Section 366 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-2 final report contending that according to the prosecution third respondent was abducted by the petitioner and Annexure-8 affidavit filed by third respondent shows that she was not abducted and she had gone out her free will and therefore, the case is to be quashed. Third respondent appeared through a counsel Crmc 3971/09 2 and submitted that third respondent has no objection for quashing the proceedings as she was not abducted by the petitioner. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Based on the affidavit filed by the third respondent that she was not abducted but had gone out of her free will, prosecution cannot be quashed as sought for by the petitioner. It is a fact to be considered at the time of evidence. If the victim who was allegedly abducted is examined before the court and deposed that she was not abducted and had gone out of her free will it may be that conviction is not possible. But based on the affidavit filed before this court, it is not possible to quash the case as sought for. Crmc 3971/09 3 4. Learned counsel submitted that the petitioner is trying to settle the dispute with the de facto complainant, second respondent. If matter is settled and petitioner is entitled to get the proceedings quashed in view of the settlement, petitioner is at liberty to approach the court. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.