SANDRA PRADEEP Vs. STATE OF KERALA

JUDGEMENT

(1.) The petition on hand is moved by accused Nos.1 and 2 in Crime No.1391/2016 of Thiruvalla Police Station, Pathanamthitta District.

(2.) The prayer in the petition is to quash Annexure A-4 FIR as against the petitioners. The contention of the petitioners was that they were falsely arrayed as Accused Nos.1 and 2 in Crime No.1391/2016 of Thiruvalla Police station alleging commission of offence punishable under Section 380 read with Section 34 Indian Penal Code. The 1st petitioner is none other than the daughter of the defacto complainant, at whose instance Crime No.1391/2016 was registered. The petitioners were in love affair and intended to marry. In view of the objection from the 1 st petitioner's mother and her relatives and declaration that they will not allow the marriage to be solemnized, the 1st petitioner eloped with the 2 nd petitioner. Notice of Intended Marriage was given to the Marriage Officer, Changanacherry. 1st petitioner's mother and uncle with the help of the police officers deployed some gundas to harass the petitioners and therefore, W.P.(C).No.15290/2016 was filed by them before this Court. The father of the 1 st petitioner had also filed W.P. (C).No.150/2016 before this Court alleging that the 1 st petitioner was illegally detained by the 2 nd petitioner and his father and seeking for issuance of a Writ of Habeas Corpus. As per the direction of this Court in the writ petition, the 1 st petitioner was produced before this Court on 26.04.2016. The 1 st petitioner expressed her willingness to marry the 2 nd petitioner and despite grant of time by the Court to think over the matter again, due to her adamance, she was permitted to abide by her stand. Thereafter the mother of the 1st petitioner, who is none other than the defacto complainant in the criminal case came with an allegation that 30 sovereigns of gold ornaments were stolen by the 1 st petitioner from her and given to the 2 nd petitioner. This Court has directed the police to register a crime on the basis of the allegations and to investigate the same. The 1st petitioner was directed to be accommodated in S.N.V.Sadanam Hostel, Ernakulam by Annexure-A3 order. Crime No.1391/2016 is now sought to be quashed by filing the petition on hand.

(3.) When the matter is taken up for hearing, the learned counsel for the petitioners has not turned up.