High CourtsSingle Bench(2024) 03 KL CK 0203

Abraham C vs State Of Kerala

High Court Of Kerala · Decided on 22 March 2024

HON’BLE JUDGES
Sophy Thomas, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 2831 Of 2024

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 326 words

Sophy Thomas, J

1.

This petition is at the instance of the de-facto complainant in Crime No.716/2023 of Keezhvaipur Police Station, Pathanamthitta, registered under Section 57 of the Kerala Police Act, 2011.

2.

The case alleged is that, the daughter of the de-facto complainant namely, Jancy Abraham, aged 27, was found missing from the house of the de-facto complainant at 7 PM on 21.10.2023.

3.

Heard learned counsel for the petitioner, as well as learned Public Prosecutor.

4.

Learned counsel for the petitioner would submit that, the de-facto complainant lodged a complaint before Keezhvaipur Police Station, since his daughter, who was pregnant by eight months, went missing from his house at 7 PM on 21.10.2023. Now it is learnt that, his daughter has gone to the house of her husband at Mandya, Karnataka and she is staying with him. So there is no need to proceed with Annexure A-1 FIR registered at his instance. But Police is insisting production of the missing lady before the jurisdictional Magistrate. Hence this petition.

5.

Though learned counsel for the petitioner would submit that, the missing lady is now at Mandya along with her husband, this Court wanted to verify that aspect and so the missing lady by name, Jancy Abraham, was contacted in her whatsapp number 9538190792. She appeared through whatsapp call and the Court directly interacted with her. She would submit that, due to some misunderstanding, she had returned from the house of her husband to her paternal house and apprehending that, her parents may not permit her for a reunion, she returned to her husband’s home at Mandya, Karnataka and now she is living happily with her husband.

6.

In such circumstances, this Court is of the view that there is no necessity to insist production of the missing lady before the jurisdictional Magistrate at Thiruvalla and the proceedings in Annexure A-1 FIR also need not be continued.

Hence, this Crl.M.C. is allowed quashing Annexure A-1 FIR.