IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 Crl.MC.No. 1774 of 2011() -------------------------------------- (SC.NO.353/10 OF ADDL.SESSIONS COURT, MUVATTUPUZHA) .... PETITIONER(S): ACCUSED 1-2: ----------------------------------------------- 1. RAJESH.K.R,AGED 27 YEARS,S/O.RAJAN, KAYANATTIL HOUSE,PAYAM.P.O,IRITTY, KANNUR DISTRICT. 2. ANEESH.P.M,AGED 25 YEARS, S/O.MURALI.P.B,PERUMBANAKUZHIYIL HOUSE, VELIYANOOR.P.O,AREEKKARA,KOTTAYAM DISTRICT. BY ADVS. SRI.K.S.ARUN KUMAR, SRI.P.P.BIJU. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. NEENU RAJESH,W/O.RAJESH,AGED 22 YEARS, PANDIPILLIL HOUSE,KIZHAKKAMBALAM.P.O, ERNAKULAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. V. MANU R2 BY ADV. SMT.M.N.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.1774/2011 APPENDIX PETITIONER'S EXHIBITS: ANNEX.1: COPY OF THE CHARGE SHEET IN SC.NO.353/10 OF ADDL.SESSION'S COURT, MUVATTUPUZHA. ANNEX.II: COPY OF THE MARRIAGE CERTIFICATE DTD. 28/06/2010. ANNEX.III: COPY OF THE AFFIDAVIT SWORN BY THE SECOND RESPONDENT. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No. 1774 of 2011 --------------------------------------- Dated this 23rd day of June, 2011 ORDER Petitioners are accused in S.C.No.353 of 2010 of the Court of learned Additional Sessions Court, Muvattupuzha facing trial for offences punishable under Secs.354 and 511 of 366 r/w Sec.34 of the Indian Penal Code. Case is that on 24.09.2009 at about 12p.m petitioners tried to kidnap second respondent from a bus stop. Petitioners claimed to have settled the matter with second respondent. I have heard learned counsel on both sides and the learned Public Prosecutor. 2. Learned counsel on both sides have confirmed the settlement. Learned counsel for second respondent has confirmed authenticity and genuineness of Annexure-III, affidavit of the second respondent. It is submitted that first petitioner married second respondent on 28.06.2010, a child is born in that wedlock and they are living happily. Annexure-II is the photocopy of certificate of marriage issued by the Marriage Registrar for the said purpose. That fact is stated in Annexure-III, affidavit. 3. Since the first petitioner and second respondent got married, they have a child are living together and the matter is Crl.M.C.No.1774 of 2011 -: 2 :- settled sending the petitioners for trial would only cause problems in the matrimonial relationship of first petitioner and second respondent. Hence I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. Annexure-1, final report in Crime No.632 of 2009 of the Kunnathunadu Police Station, cognizance taken thereon and proceeding against petitioners in S.C.No.353 of 2010 of the Court of learned Additional Sessions Judge, Muvattupuzha are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-