The petitioner herein seeks orders under Section 482 of the Code of Criminal Procedure, quashing the FIR and further proceedings in Crime No.317/2012 of the Koipuram Police Station, registered under Section 57 of the Kerala Police Act. Crime was registered on the complaint of one John Abraham, complaining that his daughter Bincy Mariyam John was found missing. The police located the missing girl on thorough search, and she was produced before the learned Magistrate having jurisdiction. She gave a statement before the learned Magistrate that she was not enticed or kidnapped by anybody, and that she left on her own with the petitioner herein for getting married. Now the petitioner seeks orders on the ground that he and the missing girl have legally got married under the Special Marriage Act, and that they are very happy in matrimony with a girl child, born in the wedlock. At the time of missing the girl was aged below 18 years, but she and the Crl.M.C No.5422 of 2014 2 petitioner herein got married after she completed 18 years. Annexure III produced in this proceeding is the certificate of marriage and Annexure IV is the birth certificate relating to the child born in the wedlock. Annexure VI school certificate shows that the date of birth of the missing girl is 3.9.1994. I am well satisfied that she married the petitioner herein on completion of 18 years and that the marriage is perfectly valid. However, scope for a crime and prosecution remains there because the girl was aged below 18 years when she eloped with the petitioner herein. In such a circumstance, crime can very well be altered to one of kidnapping, and that is why the petitioner has approached this Court for orders, on the apprehension that he may have to face prosecution.
2. The missing girl and the petitioner herein have filed a joint affidavit in this proceeding that they are happy in matrimony with the child born in the wedlock, and that the girl was not in any manner enticed or compelled or kidnapped by her husband. The 2nd respondent has also filed affidavit in this proceeding that he happened to prefer a complaint on some misapprehension, and that he has no grievance or complaint now. He appeared in Court as directed by this Court, and stated Crl.M.C No.5422 of 2014 3 in open court before me that he has no grievance or complaint and that his daughter is now happy in matrimony with the petitioner, with a small child born to them. In the above circumstances, I find that the crime in this case can well be quashed because continuance of proceeding or a prosecution for the offence of kidnapping will cause embarrassment to the couple, and it may even strain their marital relationship which is now very happy and cordial. Orders quashing the crime is absolutely necessary in the above circumstance.
In the result, this Criminal Miscellaneous Case is allowed. The proceedings pending against the petitioner in Crime No.317/2012 of the Koipuram Police Station and the further proceedings therein will stand quashed under Section 482 of the Code of Criminal Procedure, and the petitioner will stand released from such criminal proceeding.
P.UBAID JUDGE ab