High CourtsDivision Bench(2021) 01 KL CK 0184

Muhammed Yaseen P.K vs State Of Kerala And Ors

High Court Of Kerala · Decided on 6 January 2021

HON’BLE JUDGES
K. Vinod Chandran, J · M.R. Anitha, J
CASE NUMBER
Writ Petition (Crl) No. 324 Of 2020

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Judgment

5 paragraphs · 274 words

K. Vinod Chandran, J

1.

The petitioner seeks to set free the daughter of the 2nd respondent, from his alleged illegal custody. The allegation is that, the petitioner and the daughter of the 2nd respondent are in love and had decided to get married. The daughter of the 2nd respondent had in fact come with the petitioner, but later, on a man missing complaint being registered, they appeared before the jurisdictional police. The 2nd respondent took back his daughter on the promise that this marriage would be conducted within two months. There is also an agreement entered into between the petitioner and the daughter of the 2nd respondent to enter into a valid marriage.

2.

On directions issued by this Court, the S.H.O, Koyilandy Police Station, has filed a statement based on the discrete enquiry conducted; enclosing the statement of the alleged detenue recorded by a woman civil police officer.

3.

The statement recorded shows that the daughter of the 2nd respondent admits to a relationship with the petitioner. The incident of her having left her house to go with the petitioner and the return later, after appearance before the Police Station, is also admitted. It is stated that, now more than two months have elapsed and she has had a change of mind. It is also stated that the 2nd respondent had contacted the parents of the petitioner and informed them that the proposal is dropped. The alleged detenue categorically states that she is not under any illegal custody.

In the above circumstances, we do not think the W.P. (Crl) is to be entertained. We reject the W.P.(Crl) without any order on costs.