Abdul Rashid vs The State Of Kerala
2021 Latest Caselaw 12591 Ker

Crl.M.C.1829/2021
                                       1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MR. JUSTICE SUNIL THOMAS
    THURSDAY, THE 27TH DAY OF MAY 2021 / 6TH JYAISHTA, 1943
                          CRL.MC NO. 1829 OF 2021
    AGAINST THE ORDER/JUDGEMENT IN CC 1397/2017 OF JUDICIAL
         MAGISTRATE OF FIRST CLASS -II, HOSDRUG, KASARGOD
PETITIONER/ACCUSED:

            ABDUL RASHID, AGED 29 YEARS, S/O. MUHAMMED KUNHI,
0




            RESIDING AT NAVAS MANZIL, POVVAL, MULIYAR VILLAGE
            AND POST, KASARAGOD DISTRICT

            BY ADVS.
            T.MADHU
            SMT.C.R.SARADAMANI


RESPONDENTS/STATE & DEFACTO COMPLAINANT:

     1       THE STATE OF KERALA, REPRESENTED BY THE PUBLIC
             PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031

     2       THE STATION HOUSE OFFICER, BEKAL POLICE STATION,
             KASARAGOD DISTRICT 671 318

     3       ABDUL RAHIMAN, AGED 50 YEARS, S/O. ABDULLA,
             RESIDING AT RAHNA MANZIL, KOMBANPARA, KALANAD
             VILLAGE AND POST, KASARAGOD DISTRICT 671 317

     4       RAHEEMA K.A., AGED 20 YEARS
             D/O. ABDUL RAHIMAN AND WIFE OF ABDUL RASHID, NOW
             RESIDING AT NAVAS MANZIL, POOVAL MULIYAR VILLAGE
             AND POST, KASARAGOD DISTRICT 671 542


OTHER PRESENT:

             PP MAYA M.N



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.05.2021,         THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 Crl.M.C.1829/2021
                                   2



                              JUDGMENT

Petitioner herein is the sole accused in Crime No.407 of 2017

of Bekal Police Station for offence punishable under 57 of the Kerala

Police Act 2011.

2. The crux of the prosecution allegation is that, on

28.06.2017, petitioner kidnapped the defacto complainant from the

lawful guardianship and thereby committed the offence punishable

under section 361 IPC. Crime was registered and after investigation,

final report was laid. The matter is now pending as C.C.No.1397 of

2017 of the Judicial First Class Magistrate Court-II, Hosdurg.

3. Petitioner has approached this Court contending that,

parties have resolved their dispute and that, petitioner and the 4 th

respondent were in true love. It was also stated by the learned

counsel for the petitioner and the 4 th respondent that, they have

since married evidenced by Annexure-A3. Parties also relied on

Annexures-A4 and A5 affidavits affirmed by the 3 rd and 4th

respondents. Learned Government Pleader, on instructions,

submitted that the parties have resolved their dispute and their

statements have been recorded.

4. Having considered the nature of allegation, settlement

arrived at between the parties and on a finding that, no larger

question of public importance arises in this case, I am inclined to Crl.M.C.1829/2021

quash the entire further proceedings.

In the result, Crl.M.C is allowed. All further proceedings

arising from Crime No.407 of 2017 of Bekal Police Station will stand

quashed.

Sd/-

SUNIL THOMAS JUDGE Sbna/ Crl.M.C.1829/2021

APPENDIX OF CRL.MC 1829/2021

ANNEXURE/EXHIBITS

ANNEXURE P1 THE CERTIFIED COPY OF THE FIR DATED 29-

06-2017 IN CRIME NO. 407/2017 OF BEKAL POLICE STATION.

ANNEXURE P2 THE CERTFIIED COPY OF THE FINAL REPORT DATED 23-10-2017 IN CRIME NO. 407/2017 OF BEKAL POLICE STATION.

ANNEXURE P3 THE TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTH, DEATH AND MARRIAGES MULIYAR GRAMA APNCHAYAT DATED 13-11-2019

ANNEXURE P4 THE AFFIDAVIT DATED 10-03-2021 SWORN IN BY THE THIRD RESPONDENT

ANNEXURE P5 THE AFFIDAVIT DATED 10-03-2021 SWORN IN BY THE FOURTH RESPONDENT.