IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1277 of 2010()
1. SOORAJ, S/O.SIVANKUTTY, NADAYIL
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. NIZAMUDEEN, S/O.MUHAMMEDKUNJU,
For Petitioner :SRI.C.RAJENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :24/05/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C. No. 1277 of 2010
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Dated this the 24th day of May, 2010
ORDER
Petitioner, who is the sole accused in C.P.No.31/2009
on the file of the Judicial First Class Magistrate Court-II,
Kollam, seeks to quash the entire proceedings against
him.
2. The offence alleged against the petitioner is one
punishable under section 366 of the IPC. Seventeen year
old Summayya, studying in the plus two course, eloped
with the petitioner herein. Consequently, a case of “man
missing” was filed against the petitioner in the Kollam
West Police Station by her father. The police registered
Crime No.159/2008 under the caption “man missing”.
Summayya was subsequently traced out and she was
produced in the court and latter she married a Muslim boy
from her own community and she is presently living
abroad, happily.
3. The complaint against the petitioner was lodged
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by the father of Summayya. Except the said complaint,
Summayya, the alleged victim had not filed any statement
or complaint before the police or the court. On the
contrary, her only statement was that she had gone with
the petitioner on her own. The same cannot constitute an
offence punishable under Section 366 IPC.
4. Having regard to the events and the marriage of
Summayya with another person, coupled with the fact
that the victim has not filed any complaint against the
petitioner, it will be an abuse to the process of court to
allow the proceedings to continue. Accordingly
C.P.No.31/2009 on the file of the Judicial First Class
Magistrate Court-II, Kollam is quashed. This Criminal M.C
is allowed as above.
V.RAMKUMAR, JUDGE
dmb
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