Kerala High Court
Pranav Mohan vs Sadik Alik on 18 February, 2016
Author: B. Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
THURSDAY, THE 18TH DAY OF FEBRUARY 2016/29TH MAGHA, 1937
Crl.MC.No. 931 of 2016
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CC 178/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ATTINGAL
CRIME NO. 1022/2011 OF KAZHAKKUTTOM POLICE STATION, THIRUVANANTHAPURAM
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PETITIONER(S)/ACCUSED NOS 1, 2 & 4:
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1. PRANAV MOHAN, AGED 24 YEARS,
S/O.MOHAN, VYSHAK BHAVAN, VADACODE,
PERUMBAZHATHOOR VILLAGE DESOM,
NOW RESIDING AT PRANAVAM, VADACODE, PERUMBACHATHOOR P.O.,
NEYYATTINKARA, THIRUVANANTHAPURAM.
2. SHOBAN RAJ, AGED 25 YEARS,
S/O.SIVARAJAN, SIVAJAM HOUSE, KOONAYIL ROAD,
KATTAYIKONAM, THUNDATHIL DESOM, AYIROORPARA VILLAGE.
3. ABHILASH, AGED 24 YEARS,
S/O.T.K. SASIKUMAR, AMNKULATH HOUSE, T.C.NO.3/1281,
PATTOM EAST , PATTOM VILLAGE, THIRUVANANTHAPURAM.
BY ADV. SRI.M.REVIKRISHNAN
RESPONDENT(S)/DEFACTO COMPLAINANT & STATE:
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1. SADIK ALIK,
S/O.HUSSAIN, RESIDING AT DREAM HOUSE, NO.61,
SWADI NAGAR, AMBALAPPALLINADA, TOWN WARD,
KAZHAKKUTTAM VILLAGE, THIRUVANANTHAPURAM.
2. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSEUCTOR,
HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADV. SRI.B.R.VIJAYABABU
R2 BY PUBLIC PROSECUTOR BY SMT.MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
Crl.MC.No. 931 of 2016
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APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEUXRE A- TRUE COPY OF THE F.I.R. ALONG WITH THE FIRST INFORMATION
STATEMENT GIVEN BY THE 1ST RESPONDENT HEREIN IN CRIME
NO.1022/2011 OF KAZHAKOOTTAM POLICE STATION.
ANNEUXRE B- TRUE COPY OF THE FINAL REPORT IN CC NO.178 OF 2012 PENDING
ON THE FILES OF THE COURT OF THE JUDICIAL MAGISTRATE OF THE
FIRST CLASS -II, ATTINGAL
ANNEXURE C- TRUE COPY OF THE OFFER LETTER ISSUED TO THE 1ST PETITIONER
FROM AIR INDIA CHARTERS LIMITED
ANNEXURE D- TRUE COPY OF THE THE DEATH CERTIFICATE PERTAINING TO THE
3RD ACCUSED IN THE CASE
ANNEXURE E- AFFIDAVIT SWORN TO BY THE 1ST RESPONDENT SIGNIFYING THE
FACTUM OF SETTLEMENT OF DISPUTES WITH THE ACCUSED IN THE
CASE
RESPONDENT(S)' ANNEXURES:
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
B. KEMAL PASHA, J.
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CRL.M.C. No.931 of 2016
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Dated this the 18th day of February, 2016
O R D E R
Petitioners are A1, A2 and A4 in C.C.No.178 of 2012 of the Judicial First Class Magistrate's Court-II, Attingal, which has arisen from Crime No.1022 of 2011 of the Kazhakoottam Police Station, registered for the offences punishable under Sections 341, 294(b) and 323 IPC read with Section 34 IPC. A3 is no more as is evident from Annexure-D death certificate.
2. The matter has been amicably settled between the petitioners and the defacto complainant, who is the 1st respondent herein. The defacto complainant has filed Annexure-E affidavit, affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners.
3. No criminal antecedents have been reported CRL.M.C.No.931 of 2016 -: 2 :- against the petitioners. When the matter has been amicably settled, no purpose would be served in proceeding with the matter further, and therefore, all further proceedings in C.C.No.178 of 2012 pending before the Judicial First Class Magistrate's Court-II, Attingal, as against the petitioners, based on Annexure-B Final Report in Crime No.1022 of 2011 of the Kazhakoottam Police Station, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.178 of 2012 pending before the Judicial First Class Magistrate's Court-II, Attingal, as against the petitioners, based on Annexure-B Final Report in Crime No.1022 of 2011 of the Kazhakoottam Police Station, are hereby quashed.
Sd/- B. KEMAL PASHA, JUDGE.
DSV/18/2/16 // true copy // P.A. to Judge.