Kerala High Court
Adhila Nasarin vs The Commissioner Of Police on 31 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(CRL.) NO. 476 OF 2022
PETITIONERS:
ADHILA NASARIN,
AGED 22 YEARS
C/O.M.K.MUHAMMAD ALI, MUTTANGAL HOUSE, EDAYAR,
BINANIPURAM, ERNAKULAM-683 502.
BY ADV ANEESH K.R
RESPONDENTS:
1 THE COMMISSIONER OF POLICE,
ERNAKULAM, KERALA-682 011.
2 THE SUPERINTENDENT OF POLICE,
ALUVA, ERNAKULAM-683 502.
3 THE STATION HOUSE OFFICER.,
BINANIPURAM POLICE STATION, ALUVA, ERNAKULAM-683 502.
4 BADARUDHEEN, AGE AND FATHER'S NAME (UNKNOWN)
CHAKKITTAKANDY HOUSE, PERUMPALLY P.O., THAMARASSERY,
KOZHIKODE-682 314.
5 NAZEERA,
W/O.BADARUDHEEN, CHAKKITTAKANDY HOUSE, PERUMPALLY P.O.,
THAMARASSERY, KOZHIKODE-682 314.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl) No.476 of 2022
2
K.VINOD CHANDRAN & C.JAYACHANDRAN,JJ
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W.P. (Crl) No.476 of 2022
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Dated this the 31st May, 2022
JUDGMENT
Vinod Chandran, J.
The petitioner is said to be in a relationship
with the daughter of respondents 4 & 5. The relationship
is opposed by the parents of the petitioner as also the
respondents 4 & 5. It is the averment of the petitioner
that having decided to live as a couple, the petitioner
and the alleged detenue took shelter at a Safe Home in
Kozhikode and then informed their respective parents. The
respective parents, after promising a settlement, took
them to the residence of a relative of the petitioner.
The alleged detenue was forcefully removed from that
house and the father of the petitioner, who also returned
from abroad, is said to have assaulted the petitioner.
The petitioner again took shelter in a Safe Home at Aluva
and has now filed the above writ petition alleging
W.P.(Crl) No.476 of 2022
illegal detention of her partner by respondents 4 and 5.
2. We had in fact taken notice of a newspaper
report on 30.05.2022 and directed the Government Pleader
to get instructions. A report of the Deputy
Superintendent of Police, Aluva was placed before us
wherein it has been stated that there is an FIR
registered against the father of the petitioner and that
the petitioner is now placed in a Safe Home. The report
also indicates that the officer tried to talk to the
alleged detenue over telephone and her mother had
informed the Officer that the detenue went with them on
her own free will. The report dated 30.05.2022 produced
before us in chambers is marked as Ext.C1. We were not
convinced about the claim made by the mother of the
detenue and were contemplating a suo moto writ petition.
However in Court, an Advocate of this Court sought for
moving a Writ Petition (Crl.) as a today matter
concerning the subject detention.
3. We directed the Registry to send up the
matter at 1.45 p.m and when we took it up, we were
W.P.(Crl) No.476 of 2022
informed that both the petitioner and detenue were
present at the Binanipuram Police Station along with
their respective parents. The learned Government Pleader
also informed us that the parents are now amenable and
that the petitioner and the detenue could be produced
within an hour. We hence directed production of both the
petitioner and the detenue before us.
4. We first talked to the detenue who was very
firm in her resolve to continue the relationship. On a
query as to whether there was any illegal detention, the
detenue categorically informed us that she has no
complaint against her parents; but she wished to go with
the petitioner. We also called the petitioner to the
chambers and she too expressed her resolve to continue
the relationship. Both the petitioner and the detenue are
adults and graduates, who have now obtained an employment
as is seen from Exts.P3 and P3(a). We also interacted
with the Circle Inspector of Police Sunil V.R,
Binanipuram Police Station, Ernakulam Rural. He informed
us that parents are now reconciled to what the children
W.P.(Crl) No.476 of 2022
desire. He has also produced before us consent letters
issued by the respective parents. The true copies of
which are marked as Exts.C2 and C3. The original produced
before us shall be returned to the learned Government
Pleader for re-transmission to the police to maintain in
their records.
5. We were of the opinion that the petitioner
and the daughter of respondents 4 & 5 should be left to
live their lives as per their informed choice. We direct
that the couple, as per their wish, be taken back to the
Safe Home now. They intend to join the employment as
offered in Ext.P3 series. We find no reason to hold them
back.
The Writ Petition would stand allowed.
Sd/-K.VINOD CHANDRAN, JUDGE
Sd/-C.JAYACHANDRAN, JUDGE
lsn
W.P.(Crl) No.476 of 2022
APPENDIX OF WP(CRL.) 476/2022
PETITIONER EXHIBITS
Exhibit P1 JOINT PHOTOGRAPHS OF THE PETITIONER AND THE
DETENUE.
Exhibit P2 THE SCREENSHOTS OF INSTAGRAM CHAT BETWEEN THE
PETITIONER AND THE DETENUE.
Exhibit P3 THE TRUE COPY OF THE OFFER LETTERS ISSUED IN
THE NAME OF PETITIONER DETENUE DATED
18.01.2022 BY CSS CORP, CHENNAI.
Exhibit P3 A THE TRUE COPY OF THE OFFER LETTERS ISSUED IN
THE NAME OF THE DETENUE DATED 18.01.2022 BY
CSS CORP, CHENNAI.
Exhibit P4 THE TRUE COPY OF THE FIR DATED 24.05.2022
WITH CRIME NO.411/2022 OF BINANIPURAM POLICE
STATION.
Exhibit P5 THE TRUE COPY OF THE COMPLAINT DATED
30.05.2022 ISSUED BY THE 3RD RESPONDENT.
Exhibit P5 A THE TRUE COPY OF THE RECEIPT DATED 30.05.2022
ISSUED BY THE 3RD RESPONDENT.
Exhibit P6 THE TRUE COPY OF THE COMPLAINT DATED
30.05.2022 TO THE 5TH RESPONDENT.
Exhibit P6 A TRUE COPY OF THE RECEIPT DATED 30.05.2022
ISSUED BY THE 2ND RESPONDENT.
Exhibit P7 THE SCREENSHOT OF THE MAIL CONFIRMING THE
DELIVERY OF THE COMPLAINT TO THE 1ST
RESPONDENT.
Exhibit P8 THE TRUE COPY OF THE JUDGMENT DATED
24.09.2018 IN WP(CRL.) 372/2018.
W.P.(Crl) No.476 of 2022
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
