IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 Crl.MC.No. 3973 of 2008() ------------------------- SC.296/2008 OF ADDL. DISTRICT AND SESSIONS COURT (ADHOC-III) NORTH PARAVOOR .................... PETITIONER(S): ACCUSED ---------------------- SUBASH, AGED 26,S/O.SOMAN, MADAVANA PARAMBIL HOUSE, KOCHAL, VALLUVALLI KARA, KOTTUVALLI VILLAGE. BY ADV. SRI.K.S.RAJEEV (ALUVA) RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. TINCY, AGED 20, D/O.JOSEPH AND W/O.SUBASH VALIYAPARAMBIL HOUSE, KOCHAL PAINIKUTTOM BHAGAM, VALLUVALLY, KOTTUVALLY VILLAGE NOW RESIDING AT MADAVANAPARAMBIL HOUSE, KOCHAL, VALLUVALLY(CW 5). ADDL.R3. RANI JOSEPH, AGED 37, W/O. JOSEPH VALIYAPARAMBIL HOUSE, VALLUVALLY KARA KOTTUVALLY VILLAGE. (IMPLEADED AS PER ORDER DT. 30.10.08 IN CRL.M.A.6028/08) ADV. SRI.N.P.PRAJEESH FOR R2 PUBLIC PROSECUTOR SRI. AMJAD ALI FOR R1 SRI.N.P.PRAJEESH FOR ADDL.R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3973 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November, 2008 O R D E R The petitioner faces indictment in a prosecution for the offence under Section 366A I.P.C. He is alleged to have kidnapped the second respondent herein, who is the daughter of the third respondent at a time when the second respondent was a minor. Investigation was completed. Final report was filed. Sessions case has been registered against the petitioner. The same is pending. 2. At this stage the petitioner has come before this Court along with respondents 2 and 3 to apprise the court of the fact that the parties have settled their disputes and respondents 2 and 3 have compounded the offences allegedly committed by the petitioner. Respondents 2 and 3 have entered appearance through counsel. They have filed an affidavit to confirm settlement/composition. It is specifically reported that the marriage between the petitioner and the second respondent has already taken place and they are leading a harmonious life. Crl.M.C.No. 3973 of 2008 2 3. The learned counsel for the petitioner and respondents 2 and 3 pray, the learned Prosecutor does not oppose the said prayer and I am satisfied in the facts and circumstances of this case that this is an eminently fit case where the powers under Section 482 Cr.P.C. as enabled by the dictum in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19) and Nikil Merchant v. C.B.I. (2008 (3) KLT 769) can safely be invoked to bring to premature termination the unnecessary and irrelevant prosecution against the petitioner. 4. In the result: a) This Crl.M.C. is hence allowed. b) S.C. No. 296 of 2008, pending before the Addl. District and Sessions Court (Adhoc), N. Parur, which relates to the alleged kidnapping of the second respondent herein, is hereby quashed. c) Needless to say, proceedings under Section 446 Cr.P.C., if any, pending against the petitioner and the sureties shall be disposed of in accordance with law. (R. BASANT) tm Judge