IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 Crl.MC.No. 3639 of 2010 ---------------------------------- [CC.NO.134/2006 OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT, N.PARAVUR] .................... PETITIONERS/ACCUSED 1- 6: ------------------------------------------- 1. DEEPAK, S/O.CHANDRAN, VAIKATHVEETTIL, KARSHAKANAGAR, KANIMANGALAM, THRISSUR DIST. 2. DINOOP, S/O.CHANDRAN, VAIKATHVEETTIL, KARSHAKANAGAR, KANIMANGALAM, THRISSUR DIST. 3. BERNAD, S/O.JOY, CHIRAYATHVEETTIL, KARSHAKA NAGAR, KANIMANGALAM, THRISSUR DIST. 4. RATHEESH, S/O.KUTTAPPAN, KETTILINGALVEETIL, SHANTHI NAGAR, KANIMANGALAM, THRISSUR DIST. 5. DILEEP DAS, S/O.DASAN, KAMATHVEETIL, KAMATH LINE, KOTTAPURAM, THRISSUR DIST. 6. VINU, S/O.VARGHESE, VELUTHUKARANVEETIL, S.N.NAGAR, KANIMANGALAM, THRISSUR DIST. BY ADV. SRI.AMJAD ALI. RESPONDENT/STATE/DEFACTO COMPLAINANT: ---------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING STATION HOUSE OFFICER, NORTH PARAVUR POLICE STATION, ERNAKULAM DIST. CRL.M.C. NO.3639/2010: 2. KUTTAN, S/O.AYYAPPAN, AGED 55 YRS, EDATHADAN VEETTIL, NEAR S.N.V.H.S., ALOOR, THRISSUR DIST-680 024. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM, R2 BY ADV. SRI.MANSOOR.B.H. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3639 of 2010 -------------------------- ORDER Petitioners are the accused in C.C.No.134/2006 on the file of Judicial First Class Magistrate's Court, North Parur, taken cognizance for the offences under Sections 143, 147, 448, 427 and 365 read with Section 149 of Indian Penal Code. Prosecution case is that petitioners formed themselves into an unlawful assembly with the common object of abducting Poppy Kuttan, the daughter of the second respondent and in furtherance of their common object, on 31.12.2005 at about 1.30 p.m., trespassed into the house of the second respondent and abducted the daughter of the second respondent and thereby committed the offences. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that subsequently, first petitioner married the daughter of the second CRMC 3639/10 2 respondent, evidenced by Annexure-II marriage certificate and therefore, there is no grievance for the first respondent and consequent to the settlement of all the disputes, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed an affidavit stating that subsequently first petitioner married his daughter and the entire disputes with the petitioners were settled amicably. 3. Learned Public Prosecutor also submitted that consequent to the marriage of the daughter of the second respondent, who was allegedly abducted, with the first petitioner, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.134/2006 on the file of Judicial First Class Magistrate's Court, North Parur is quashed. 3rd September, 2010 (M.Sasidharan Nambiar, Judge) tkv