IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 Crl.MC.No. 3733 of 2009() (CRIME NO.867/09 OF PANDALAM POLICE STATION) ------------------------- PETITIONER(S): ACCUSED 1 TO 3: ------------------------------ 1. SATHEESH.S., S/O.SASI, PLAVILA VEEDU, PIRAVANTHOOR, CHEEVVODU. 2. USHA, W/O.KRISHNANKUTTY, PLAVILA VEEDU, PIRAVANTHOOR, CHEEVVODU. 3. KRISHNANKUTTY, PLAVILA VEEDU, PRAVANTHOOR, CHEEVVODU. BY ADV. SRI.AJAYA KUMAR. G RESPONDENT(S): DEFACTO COMPLAINANT: ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. REMANAN, S/O.VELU, RENJITH BHAVAN, PERUMPULICKAL MURI, PANDALAM, THEKKEKKARA VILLAGE. PUBLIC PROSECUTOR MR.P A SALIM THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03.02.2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- Cr. MC No.3733 of 2009-B ------------------------------------- Dated 3rd February 2010 Order This is a petition, filed under S.482 of the Code of Criminal Procedure, seeking to have Annexure-A4 F.I.R. quashed. 2. The petitioners are Accused Nos.1 to 3 in Crime No.867/09 of Pandalam Police Station, for having committed the offence punishable under S.363 r/w S.34 IPC. The defacto complainant is the father-in-law of the first accused. The marriage between his daughter and the first accused was solemnized on 24.10.2009. In support of the said claim, Annexures A1 and A2 marriage certificates are produced. The age of the daughter of the defacto complainant is 23 years, as evident from the copy of the first page of her SSLC book, which is produced as Annexure A3. The petitioners contend that in view of the above documents, the offence under S.363 Cr.P.C. will not CRMC 3733/09 2 lie. 3. It is unnecessary to go into the details of this proceedings, because, as a matter of fact, the petitioners have got a case that no offence under S.363 Cr.PC. is made out, they are free to approach the Court below and seek appropriate reliefs. The petitioners have also produced Annexure A5, which is an affidavit signed by the wife of the first accused to the effect that she married the first accused with her consent. The petitioners shall produce the said document before the Court below and pray for a discharge. In that event, the Court below shall consider and dispose of the same in accordance with law as expeditiously as possible. The petition is disposed of as above. P.BHAVADASAN, JUDGE sta CRMC 3733/09 3 CRMC 3733/09 4