IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 Crl.MC.No. 593 of 2008() ------------------------ AGAINST THE JUDGEMENT/ORDER IN W.P.(CRL).26/2008 Dated 30/01/2008 .................... PETITIONER: --------------- REJI.D.MATHEW, AGED 28 YEARS, S/O.DANIEL MATHEW, KAKKUZHIYIL GILAYAD, PAYYAPPADY, KOTTAYAM, RESIDING AT EBENZER VILLA, KADAIKKAD, KOLLAKADAVU P.O., MAVELIKARA, KOLLAM DISTRICT. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: STATE AND SHO: ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I. OF POLICE, PANANGAD POLICE STATION, ERNAKULAM DISTRICT. 3. CORPORATION OF KOCHI, ERNAKULAM, REPRESENTED BY ITS SECRETARY. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 593 of 2008 ========================== Dated this the 11th day of February, 2008. O R D E R The petitioner, who claims to be the husband of a 23 year old girl by name Asha Vijayan, seeks a direction to quash Annexure 1 FIR registered by the Panangad Police under the caption 'man missing' at the instance of the father of Asha Vijayan. The petitioner and Asha Vijayan had eloped on 19.11.2007 by Asha Vijayan joining him voluntarily. It was on 26.11.2007 that Annexure I FIR was registered at the instance of the father of the Asha Vijayan. On 05.01.2008 the petitioner and Asha Vijayan had got married under the provisions of the Special Marriage Act. Alleging that his daughter was missing from home from 19.11.2007 onwards and that she was under the illegal confinement of the petitioner herein, the father of Asha Vijayan had filed a writ petition for habeas corpus as W.P(Crl.) No. 26/2008 before this Court. After instructions the learned Government Pleader in charge of the case submitted before the Division Bench, which was considering the above writ petition, CRL. M.C.N O. 593/2008 : 2: that the alleged detenu Asha Vijayan had married the petitioner herein on 05.01.2008 from the Sub Registrar's Office, Puthuppally under the provisions of the Special Marriage Act, 1954. Taking note of the said situation, the Division Bench closed the writ petition for habeas corpus leaving the father of Asha Vijayan to work out his remedies before other forums. Annexure 2 is the judgment of the Division Bench passed on 30.01.2008. Thereafter on 04.02.2008 the Panangad Police took Asha Vijayan into custody and produced her before the Additional Chief Judicial Magistrate, Ernakulam on 05.02.2008. The girl's parents as well as the parents of the petitioner herein were present before the Magistrate. The petitioner was absent before the Magistrate. Since the girl represented to the Magistrate that she was not willing to go with her parents, she was directed to be lodged in the Relief Centre, Palluruthi for one month from 05.02.2008. On 07.02.2008, the petitioner filed this Crl. M.C seeking the above reliefs. Today, pursuant to the directions issued by this Court, the girl was produced from the Palluruthi Relief Centre. The girl told the Court that she is aged 23 years CRL. M.C.N O. 593/2008 : 3: and she has married the petitioner herein and she would like to go with her husband. Her husband (the petitioner herein) as well as her father were present before this Court. In as much as the girl chooses to go with her husband no restriction can be placed on her. Accordingly, no further action need be taken on Annexure 1 FIR. The Panangad Police shall close the matter. The girl is permitted to go with the petitioner. She has attained the majority and is a free person entitled to exercise her own free will and volition regarding her future. The registry shall retransmit the records to the court below forthwith. It shall be open to the petitioner to apply for return of the original marriage certificate after substituting a photostat copy. V. RAMKUMAR, JUDGE. rv CRL. M.C.N O. 593/2008 : 4: