IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2334 of 2009()
1. MANSOOR.A,AGED 27 YEARS,
... Petitioner
Vs
1. SHIBINA MANSOOR,W/O.MANSOOR.A,
... Respondent
2. STATE OF KERALA,REPRESENTED BY THE
For Petitioner :SRI.B.HARISH KUMAR
For Respondent :SRI.Y.BOBBY JOSEPH
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :20/08/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.2334 OF 2009
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Dated 20th August 2009
O R D E R
Petitioner is the accused in C.C.581/2006
on the file of Judicial First Class Magistrate-II,
Nedumangad taken cognizance on Annexure-A2 final
report for the offence under Section 363 of Indian
Penal Code. Prosecution case is that petitioner
committed kidnap of first respondent, who was then a
minor on 10/4/2006 and thereby committed the offence.
This petition is filed under Section 482 of Code of
Criminal Procedure to quash Annexure-A2 final report
contending that the dispute with first respondent was
amicably settled and they are now living as husband
and wife and a child is also born in that wed lock and
in such circumstances, it is not the interest of
justice to proceed with the prosecution.
2. First respondent appeared through a
counsel and filed an affidavit that they are now
living as husband and wife and there is no existing
dispute between them.
CRMC 2334/09
2
3. Learned Public Prosecutor on instructions
submitted that petitioner and first respondent are
living together.
4. Though the allegation against petitioner
is that he committed kidnap of first respondent,
affidavit of first respondent with the submission of
learned Public Prosecutor and the learned counsel
appearing for first respondent establish that
subsequently petitioner married first respondent and
they are living as husband and wife. In such
circumstances, it is not in the interest of justice to
prosecute the petitioner further.
Petition is allowed. C.C.581/2006 on the file
of Judicial First Class Magistrate-II, Nedumangad
taken cognizance on Annexure-A2 final report is
quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.