Allowed

Mansoor.a v. Shibina Mansoor and Another

Kerala HC20 Aug 2009Crl.MC/2334/2009

Case brief

AI extract

What is this about?

In a criminal appeal against kidnap allegation under IPC Section 363, the Kerala High Court quashed the prosecution proceedings invoking CrPC Section 482. The court held that since the accused married the victim and they are now living together with a child, proceeding with the prosecution is not in the interest of justice.

What did the court decide?

Criminal Misc. Case No. 2334/2009 is allowed. Criminal Case No. 581/2006 on the file of Judicial First Class Magistrate-II, Nedumangad taken cognizance on Annexure-A2 final report is quashed.

Mansoor.a Vs Shibina Mansoor and Another — Quashing and FIR | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR

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THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931

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Crl.MC.No. 2334 of 2009(F)

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-------------------------------------(CRIME NO. 101/06 OF VITHURA POLICE STATION, THIRUVANANTHAPURAM)

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PETITIONER/ ACCUSED:

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-----------------------------------

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MANSOOR.A, AGED 27 YEARS, S/O.ABDUL GAFFAR, E.V.HOUSE,THEVANPARA, THOLICODE.P.O, THIRUVANANTHAPURAM.

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BY ADV. MR.B.HARISH KUMAR.

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RESPONDENTS/ COMPLAINANT:

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-----------------------------------------------

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1. SHIBINA MANSOOR,W/O.MANSOOR.A, E.V.HOUSE,THEVANPARA,THOLICODE.P.O, THIRUVANANTHAPURAM.

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2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM.

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R1 BY ADV. MR.Y.BOBBY JOSEPH, R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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prv.

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M.SASIDHARAN NAMBIAR,J.

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CRL.M.C.NO.2334 OF 2009

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Dated 20^th August 2009

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O R D E R

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Petitioner is the accused in C.C.581/2006 on the file of Judicial First Class Magistrate-II, Nedumangad taken cognizance on Annexure-A2 final report for the offence under Section 363 of Indian Penal Code. Prosecution case is that petitioner committed kidnap of first respondent, who was then a minor on 10/4/2006 and thereby committed the offence. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A2 final report contending that the dispute with first respondent was amicably settled and they are now living as husband and wife and a child is also born in that wed lock and in such circumstances, it is not the interest of justice to proceed with the prosecution.

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First respondent appeared through a counsel and filed an affidavit that they are now living as husband and wife and there is no existing dispute between them.

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CRMC 2334/09

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Learned Public Prosecutor on instructions

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submitted that petitioner and first respondent are living together.

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Though the allegation against petitioner is that he committed kidnap of first respondent, affidavit of first respondent with the submission of learned Public Prosecutor and the learned counsel appearing for first respondent establish that subsequently petitioner married first respondent and they are living as husband and wife. In such circumstances, it is not in the interest of justice to prosecute the petitioner further.

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Petition is allowed. C.C.581/2006 on the file

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of Judicial First Class Magistrate-II, Nedumangad taken cognizance on Annexure-A2 final report is quashed.

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M.SASIDHARAN NAMBIAR, JUDGE.

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uj.

Mansoor.a v. Shibina Mansoor and Another

Case brief

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Mansoor.a v. Shibina Mansoor and Another

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