Unknown vs By Advs
2021 Latest Caselaw 9604 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

              THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

                                    &

                  THE HONOURABLE MRS. JUSTICE M.R.ANITHA

      TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                          WP(Crl.).No.90 OF 2021


PETITIONER

              SUCHITHRA C.T
              AGED 30 YEARS
              D/O. SUNDARAN, THAZHERI HOUSE, KOTTAYITHAZHAM,
              PERUMANNA P.O, KOZHIKODE-673 019

              BY ADVS.
              SRI.JOHNSON JOSE PANJIKKARAN
              KUM.P.H.RIMJU

RESPONDENTS

      1       STATE OF KERALA, REP. BY CHIEF SECRETARY, GOVERNMENT OF
              KERALA, THIRUVANANTHAPURAM-695001

      2       DIRECTOR GENERAL OF POLICE,
              KERALA STATE POLICE HEADQUARTERS, VAZHUTHACAUD,
              THIRUVANANTHAPURAM-695 010

      3       THE DISTRICT POLICE CHIEF,
              REMAVARMAPURAM, THRISSUR DISTRICT-680 631

      4       THE STATION HOUSE OFFICER,
              NEDUPUZHA POLICE STATION, NEDUPUZHA-690 007

      5       THE STATION HOUSE OFFICER,
              PANTHEERANKAVU POLICE STATION, KOZHIKODE-673 019

      6       SUBRAMANIAN,
              S/O. MADHAVAN, PANAPARAMBIL HOUSE, AVINASSERY P.O,
              OLLUR,THRISSUR-680 317


OTHER PRESENT:
 W.P.(Crl).90 of 2021
                                           2


                       SRI.K.B. RAMANAND (SR.PP)

         THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
     23.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(Crl).90 of 2021
                                       3



                                   JUDGMENT

Dated : 23rd March, 2021 M.R.Anitha, J.

1. This writ petition has been filed by the petitioner, the

wife of the alleged detenu - who is said to be under

illegal custody of the 6th respondent.

2. According to the petitioner, petitioner and the detenu got

married on 8.7.2019 and thereafter her husband went abroad

for his employment purposes and returned on 23.2.2020. But

due to COVID-19 pandemic and lock down, he could not return

to the Gulf countries after leave. It is alleged that on

4.8.2020, the parents and brother of the alleged detenu

came to their residence and forcefully took the detenu in a

car. Though the petitioner tried her level best to stop the

parents to take away her husband, she could not prevent

their illegal activities. Thereafter petitioner had a

miscarriage. Now the petitioner's husband is residing with

the 6th respondent, in spite of order of injunction against

the petitioner and her husband from the Munsiffs Court,

Thrissur, as per O.S.1598/2020. O.P.5050/2020 is also filed W.P.(Crl).90 of 2021

by the husband of the petitioner to declare the marriage as

null and void, at the instance of his parents. A crime was

also registered against the detenu at the instance of the

petitioner under Secs 498A, 406, 323 r/w 34 IPC. It is

admitted by the learned counsel at the time of argument

that five cases are pending between the parties. The fact

that a divorce O.P has been filed by the detenu against

the petitioner itself would falsify the case of the

petitioner that her husband is under the illegal

confinement of the 6th respondent, his father.

3. More over, Ext.P10, copy of the judgment in W.P.(Crl).54 of

2019 dated 14.2.2019 would show that earlier the petitioner

had approached this Court alleging illegal confinement of

her husband under the 6th respondent. In that case husband

of the petitioner appeared and he filed counter statement

contending that the petitioner herein is blackmailing him

by making illegal demand for huge amounts, with threats to

implicate him in criminal cases. Ultimately this Court,

finding that there was no illegal confinement as alleged by

the petitioner, dismissed the Writ Petition. W.P.(Crl).90 of 2021

4. Ext.P11 is the copy of Crl.M.C.5162/2019 dated 19.11.2019

which has been filed by the husband of the alleged detenu

seeking to quash the FIR in Crime No.140/2019 of Nallalam

Police Station which was registered under Secs 366, 376(2)n

and 506 IPC on the basis of the complaint filed by the

petitioner herein. The allegation against the husband of

the petitioner was that he had promised to marry the

petitioner and had sexual intercourse with her on various

occasions and thereafter withdrawn from the promise and

thus he committed the offence. Notice was issued to the

respondent and the learned Prosecutor, on instructions,

stated that the matter has been settled amicably between

the parties and the marriage certificate of the petitioner

with the alleged detenue was produced as Annexure-A in that

case. The learned Public Prosecutor also submitted that the

facts sworn in by the petitioner regarding the marriage are

genuine and the parties are living together as husband and

wife. Taking all those factors into account this Court

finding that the marriage had taken place between the

petitioner and the 1st respondent and the dominant purpose W.P.(Crl).90 of 2021

is the welfare of the victim and to ensure her a better

future life, the Court exercised extraordinary inherent

powers vested under Sec.482 Cr.P.C and quashed the

proceedings in Crime No.140 of 2019 of Nallalam Police

Station.

5. Exts.P10 and P11 judgment of this Court would reveal that

the petitioner had once approached this Court alleging

illegal detention of her husband by his father and she had

also filed a criminal complaint alleging offence under Secs

366, 376(2)n and 506 IPC. Subsequently the petitioner has

entered into a valid marriage with the alleged detenu as is

clear from the admissions coming forth in Ext.P11. Now she

has come with the present petition again alleging illegal

detention of her husband by the 6 th respondent. That

according to us, is without any bona fides, since at best

it is a marital discord. There is nothing to infer any

illegal confinement of the alleged detenu by the 6 th

respondent, who is his father.

6. Petitioner and her husband has also resorted to various

legal proceedings which have to be pursued. W.P.(Crl).90 of 2021

7. In the above circumstances, we do not find any reason

whatsoever to entertain this Writ Petition. Accordingly the

same is dismissed.

Sd/-

K.VINOD CHANDRAN, Judge

Sd/-

M.R.ANITHA, Judge

Mrcs/23.3.

W.P.(Crl).90 of 2021

APPENDIX EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF MARRIAGE DATED 11.7.2019

EXHIBIT P2 TRUE COPY OF THE RENT AGREEMENT DATED 3.6.2020.

EXHIBIT P3 TRUE COPY OF THE TREATMENT CERTIFICATE ISSUED BY DR. SHAJI'S DIAGNOSTICS DATED 24.08.2020.

EXHIBIT P4 TRUE COPY OF THE PLAINT IN O.S NO. 1598 OF 2020 BEFORE THE MUNSIFF COURT, THRISSUR.

EXHIBIT P5 TRUE COPY OF THE INJUNCTION ORDER DATED 14.08.2020 IN O.S. NO. 1598 OF 2020 BEFORE THE MUNSIFF COURT, THRISSUR.

EXHIBIT P6 TRUE COPY OF THE M.C. 275 OF 2020 FILED BEFORE THE FAMILY COURT, KOZHIKODE.

EXHIBIT P7 TRUE COPY OF THE MC 8/2021 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT III, KOZHIKODE.

EXHIBIT P8 TRUE COPY OF THE COMPLAINT FILED BEFORE THE 5TH RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE RECEIPT DATED 28.11.2020 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 14.2.2019 IN W.P.CRL NO. 54 OF 2019 BEFORE THIS HON'BLE COURT.

EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 19.11.2019 IN CRL.M.C. 5162 OF 2019 BEFORE THIS HON'BLE COURT.

W.P.(Crl).90 of 2021