The High Court quashed the FIR, charge sheet, and all proceedings in a criminal case for abduction, where the victim's father withdrew his grievance and confirmed no compulsion existed.
The FIR, Charge Sheet and all proceedings in C.P.No.28 of 2007 pending before the J.F.C.M-I, Attingal were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929
Crl.MC.No. 771 of 2008()
-----------------------CP.28/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, ATTINGAL
PETITIONER:
VIJAYAPRASAD, S/O.VIJAYAN, THIRUVATHIRA, KUZHIVILA, KULATHUR, THIRUVANANTHAPURAM.
BY ADV. SRI.P.SREEKUMAR
SRI.K.S.MANU (PUNUKKONNOOR)
RESPONDENTS:
BY PUBLIC PROSECUTOR SRI.M.S.BREEZ
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.771 of 2008
= = = = = = = = = = = = = = Dated this the 10th day of March, 2008 ORDER
The petitioner, one Vijayaprasad, who is the sole accused in Crime No.3 of 2007 of Kadinamkulam, Police Station, for an offence punishable under Section 366(A) IPC, seeks to quash Annexure A1 FIR, Annexure A4 Charge Sheet and all further proceedings in C.P.No.28 of 2007 on the file of the J.F.C.M-I, Attingal. The above crime was registered at the instance of one Abdul Rahiman, father of one Jaseela. The petitioner and the said Jaseela claimed to have been love with each other. Since she was aged 17 years and then a minor, in a petition for Habeas Corpus filed by her father-the de facto complainant, the girl was produced before this Courtand she was handed over to her father.
Crl.M.C.No. 771of 2008
2
was free to pursue her studies at Calicut. This Court also recorded her statement to the effect that she had gone with the petitioner herein on her own accord and there was no abduction.
Under these circumstances, Annexure A1 FIR, Annexure A4 Final Report as well as the proceedings in C.P.No.28 of 2007 pending before the J.F.C.M-I, Attingal shall stand quashed.
V. RAMKUMAR, JUDGE
sj
2 issues framed by the court
Whether criminal proceedings under Section 366(A) IPC regarding abduction shall be quashed given the complainant's removal of grievance.
Whether the applicant has to continue facing prosecution in a case where the real grievance of the victim's father has been withdrawn.
1 provisions across 1 enactments
VIJAYAPRASAD
ABDUL RAHIMAN
THE SUB INSPECTOR OF POLICE, KADINAMKULAM
THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
