IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 Crl.MC.No. 5002 of 2008() ------------------------- CRIME NO.1599 OF 2008 OF KOTHAMANGALAM POLICE STATION PETITIONER(S): --------------- 1. SHIYAS P.S.AGED 31 YEARS, POTTAKKAL, NELLIKUZHI P.O. KOTHAMANGALAM. 2. ANEESHA P.S. AGED 24 YEARS, D/O. SAYED MOHAMMED, PEEDIKAPARAMBIL, NELLIKUZHI P.O. KOTHAMANGALAM. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.1599/2008 OF KOTHAMANGALAM POLICE STATION) PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.5002 of 2008 ---------------------------------------- Dated this the 20th day of January 2009 O R D E R Petitioners are spouses who claim to have entered legal and valid matrimony in accordance with law. They were in love and had contracted marriage after they went away from their houses apprehending resistance from hostile relatives. Crime under the caption 'woman missing' has been registered at the instance of an uncle of the 2nd petitioner and investigation into that crime is pending. 2. The petitioners have come before this court to apprise this court of the fact that they are adults having attained majority long earlier. They being aged 31 years and 24 years respectively and that they having entered legal and valid matrimony, they are man and wife and the allegation that the 2nd petitioner is missing is without any justification. Petitioners apprehend hostility if they were to return to their native place. In these circumstances, they pray that the crime registered alleging that the second respondent is missing may be quashed to avoid any unjustified and mala fide action against the petitioners. Crl.M.C.No.5002/08 2 3. Notice was given to the learned Public Prosecutor. As per the directions issued on 02/01/2009, the petitioners and the investigating officer are present before court. The investigating officer was given opportunity to examine and record the statements of the petitioners. It is reported that the 2nd petitioner's statement has been recorded and the investigating officer is now satisfied that the 2nd petitioner is not missing; that she is married and that she is now residing willingly and voluntarily with the 1st petitioner as his wife. In these circumstances, the petitioners need not apprehend any further action. Proper report shall be made to the learned Magistrate concerned dropping all further action against the petitioners, submits the learned Public Prosecutor on behalf of the investigating officer . 4. I accept the submissions of the learned Public Prosecutor that the investigating officer shall, at the earliest report to the learned Magistrate that no further action is necessary to be taken in crime No.1599/2008. Crl.M.C.No.5002/08 3 5. This petition is in these circumstances dismissed as unnecessary accepting the submissions of the learned counsel for the petitioner and recording the submissions of the learned Public Prosecutor that the police is satisfied that it is not necessary to continue with action in crime No.1599/2008 of Kothamangalam police station. (R.BASANT, JUDGE) jsr Crl.M.C.No.5002/08 4 Crl.M.C.No.5002/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008