# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
## **`PRESENT`**
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THE HONOURABLE MR. JUSTICE GOPINATH P.
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WEDNESDAY, THE 20[TH] DAY OF DECEMBER 2023 / 29TH AGRAHAYANA, 1945
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## **`CRL.MC NO. 3002 OF 2021`**
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CRIME NO.1480/2015 OF NALLALAM POLICE STATION, KOZHIKODE
CC 75/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -V,KOZHIKODE
PETITIONER/ACCUSED:
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HUSSAIN,
AGED 32 YEARS, S/O. ABDUL AZEEZ,
VALIYAPRAMBIL, M.N. NAGAR, MATHARA, NALLALAM,
KOZHIKODE DISTRICT.
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BY ADVS.
T.R.HARIKUMAR
ADITHYA RAJEEV
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## **`RESPONDENTS/VICTIM, DEFACTO COMPLAINANT:`**
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1SHAMLA NOURIN,
D/O. SHAKKEER, P.P., AGED 21 YEARS,
RUBY MAHAL, M.G. NAGAR, MATHARA, G.A. COLLEGE P.O.,
NALLALAM, KOZHIKODE DISTRICT-673014,
PRESENTLY RESIDING AT PLAPPARAMBIL HOUSE,
KOTTAMALA P.O., IDUKKI DISTRICT-685 503.
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2RUBEENA K.,
W/O. MUHAMMED SHAKKEER P.P,
RUBY MAHAL, H.M.G. NAGAR, MATHARA, G.A. COLLEGE P.O.,
NALLALAM, KOZHIKODE DISTRICT-673 014.
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3STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
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BY ADVS
SREEDEV U
VIPIN NARAYAN (SR PP)
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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.12.2023, ALONG WITH Crl.MC.6678/2018, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
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Crl.M.C. Nos.3002/2021 & 6678/2018
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## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
## **`PRESENT`**
## **`THE HONOURABLE MR. JUSTICE GOPINATH P.`**
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WEDNESDAY, THE 20[TH] DAY OF DECEMBER 2023 / 29TH AGRAHAYANA, 1945
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CRL.MC NO. 6678 OF 2018
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## **`CRIME NO.1446 OF 2015 OF NALLALAM POLICE STATION, KOZHIKODE DISTRICT`**
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CP 10/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS -V,KOZHIKODE
NOW PENDING AS L.P.NO.39 OF 2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -
V,KOZHIKODE
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## **`PETITIONER/ACCUSED:`**
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HUSSAIN
AGED 29 YEARS, S/O ABDUL AZEEZ,
VALIYAPARAMBIL, M.N.NAGAR, MATHARA, NALLALAM,
KOZHIKKODE DISTRICT.
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BY ADV.
ADITHYA RAJEEV
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## **`RESPONDENT/VICTIM, DEFACTO COMPLAINANT AND STATE:`**
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1SHAMLA NOURIN
AGED 18 YEARS, D/O SAKKEER P.P,
ROOBY MAHAL, H.M.G.NAGAR, MATHARA, G.A.COLLEGE PO, NALLALAM,
KOZHIKKODE, PIN 673014,
PRESENTLY RESIDING AT PLAPPARAMBIL HOUSE, KOTTAMALA.P.O.,
IDUKKI DISTRICT-685 503.
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2RUBEENA K,
W/O.MUHAMMED SHAKKEER,
ROOBY MAHAL, H.M.G.NAGAR, MATHARA, G.A. COLLEGE.P.O.,
NALLALAM, KOZHIKODE DISTRICT, PIN-673 014.
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3STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCH, PIN-682 031.
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BY ADVS
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SREEHARI INDUKALADHARAN
NOUSHAD K.A. (SR PP)
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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.12.2023, ALONG WITH Crl.MC.3002/2021, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
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Crl.M.C. Nos.3002/2021 & 6678/2018
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## **ORDER**
**[Crl.MC Nos.3002/2021 and 6678/2018]**
The petitioner in both these cases are common. He stands accused in Crime Nos.1446 of 2015 and 1480 of 2015 both of Nallalam Police Station, Kozhikode district. In both these crimes, the allegation is that the petitioner had committed the offence punishable under Section 363 of the Indian Penal Code. Following investigation, final report was filed in both the crimes registered against the petitioner and while the proceedings in Crime No.1446 of 2015, are pending as L.P.No.39 of 2017 on the file of the Judicial First Class Magistrate Court-V, Kozhikode, the proceedings in Crime No.1480 of 2015 are pending as C.C.No.75 of 2019 before the Judicial First Class Magistrate Court-V, Kozhikode.
2. The learned counsel for the petitioner would submit that both the aforesaid crimes were registered on the complaint of the 2[nd] respondent (in both cases), who is the mother of the 1[st] respondent. The allegation is that the
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Crl.M.C. Nos.3002/2021 & 6678/2018
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**==> picture [15 x 9] intentionally omitted <==**
petitioner had kidnapped the 1[st] respondent from the lawful custody and guardianship of the her parents. It is submitted that the First Information Statement of the 2[nd] respondent ( in both the crimes) itself will indicate that the petitioner had not committed any offence as alleged against him. It is submitted that the petitioner and respondents 1 and 2 were neighbours and the petitioner and the 1[st] respondent were in a romantic relationship. It is submitted that, after the 1[st] respondent attained the age of majority, a marriage has been solemnized between the petitioner and the 1[st] respondent. Reference is made in this regard to Annexure-VI certificate of marriage in Crl.M.C.No.3002 of 2021 dated 03-12-2018 issued by the marriage officer, Chevayoor Kozhikode, under the provisions of the Special Marriage Act, 1954. It is submitted that the petitioner and the 1[st] respondent/victim are now living together happily as husband and wife along with their child. It is submitted that in such circumstances, the proceedings against the petitioner may be quashed.
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Crl.M.C. Nos.3002/2021 & 6678/2018
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3. Learned Senior Public Prosecutor and the learned counsel appearing for the 1[st] respondent would confirm that the petitioner and the 1[st] respondent are now living together as husband and wife along with their child.
4. Having heard the learned counsel for the petitioner, learned Senior Public Prosecutor and the learned counsel for the 1[st] respondent and having regard to the facts and circumstances of the case, I am of the view that the proceedings against the petitioner can be terminated in exercise of the jurisdiction vested in this Court under Section 482 of Cr.P.C. No public interest will be served by continuing with the proceedings against the petitioner. The continuance of the proceedings against the petitioner is likely to cause greater prejudice to the victim/1st respondent and the child born out of the relationship between the petitioner and the victim/1st respondent. Further, the chances of the successful prosecution are also remote. Keeping the principles laid down by the Supreme Court in **Gian Singh v. State of Punjab and Another; (2012) 10 SCC 303,** and **State of**
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Crl.M.C. Nos.3002/2021 & 6678/2018
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**Madhya Pradesh v. Laxmi Narayan and Others; (2019) 5 SCC 688,** I am of the view that considering the nature of the offences alleged against the petitioner the proceedings can be quashed on the basis of settlement.
Accordingly, these Crl.M.Cs are allowed and all further proceedings in C.C.No.75 of 2019 before the Judicial First Class Magistrate Court-V, Kozhikode (arising out of Crime No.1480 of 2015 of Nallalam Police Station, Kozhikode District) and in L.P.No.39 of 2017 on the file of the Judicial First Class Magistrate Court-V, Kozhikode (arising out of Crime No.1446 of 2015 of Nallalam Police Station, Kozhikode District) will stand quashed as against the petitioner.
**Sd/GOPINATH P. JUDGE**
ats
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Crl.M.C. Nos.3002/2021 & 6678/2018
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## **`APPENDIX OF CRL.MC 3002/2021`**
- `PETITIONER'S ANNEXURES`
- `Annexure I A TRUE COPY OF THE FIRST INFORMATION REPORT DATED 17/11/2015 IN CRIME NO.1480/2015 OF THE NALLALAM POLICE STATION, KOZHIKODE.`
- `Annexure II A TRUE COPY OF THE STATEMENT OF THE 2ND RESPONDENT DATED 17/11/2015 RECORDED BY THE INSPECTOR OF POLICE, CHEVAYUR.`
- `Annexure III CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1480/2015 OF THE NALLALAM POLICE STATION, KOZHIKODE DATED 10/11/2018 IS PRODUCED HEREWITH AND MARKED AS ANNEXURE-III.`
- `Annexure IV A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT DATED 26/02/2021.`
- `Annexure V A TRUE COPY OF THE BIRTH CERTIFICATE OF THE 1ST RESPONDENT, ISSUED BY THE REGISTRAR OF BIRTH AND DEATHS, KOZHIKODE CORPORATION ON 19/03/2018.`
- `Annexure VI A TRUE COPY OF THE CERTIFICATE OF MARRIAGE DATED 03/12/2018 ISSUED BY THE MARRIAGE OFFICER, CHEVAYUR, KOZHIKODE.`
- `Annexure VII A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.1446/2015 OF THE NALLALAM POLICE STATION, KOZHIKODE DATED 09/11/2015.`
- `Annexure VIII A TRUE COPY OF THE FINAL REPORT DATED 25/01/2016 IN CRIME NO. 1446/2015 OF THE NALLALAM POLICE STATION, KOZHIKODE.`
- `Annexure IX A TRUE COPY OF THE INTERIM ORDER DATED 09/10/2018 IN CRL. MA NO.1/2018 IN CRL. MC NO.6678/2018 BEFORE THIS HONOURABLE COURT.`
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Crl.M.C. Nos.3002/2021 & 6678/2018
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## **`APPENDIX OF CRL.MC 6678/2018`**
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PETITIONER'S ANNEXURES
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- `ANNEXURE I A TRUE COPY OF THE FIRST INFORMATION REPORT DATED 9.11.2015 IN CRIME NO.1446 OF 2015 OF THE NALLALAM POLICE STATION, KOZHIKODE.`
- `ANNEXURE II CERTIFIED COPY OF THE FINAL REPORT DATED 25.1.2016 IN CRIME NO.1446 OF 2015 OF THE NALLALAM POLICE STATION, KOZHIKODE.`
- `ANNEXURE III A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT DATED 10.9.2018.`
- `ANNEXURE IV A TRUE COPY OF THE BIRTH CERTIFICATE OF THE 1ST RESPONDENT, ISSUED BY THE REGISTRAR OF BIRTH AND DEATHS, KOZHIKODE CORPORATION ON 19.3.2018.`
