IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 Crl.MC.No. 3799 of 2011() ------------------------- SC.689/2010 of ASSISTANT SESSIONS COURT, KOCHI .................... PETITIONERS/ACCUSED NOS. 1 TO 7, 9 & 10: --------------------------------------------------- 1. SACHUDEV @ SACHI, AGED 27 YEARS, S/O.CHANDRAMOHAN, MANASI HOUSE, XX/2257. PERUMPADAPPU KARA, PALLURUTHY VILLAGE, ERNAKULAM. 2.ABDUL MAIZ, @ BABU, AGED 28 YEARS, S/O.SHAMSUDHEEN, ARYILAKATHU HOUSE, CHEMBUMKANDAM LANE, PERUMPADAPPU KARA, EDAKOCHI, ERNAKULAM. 3. VIPIN, AGED 23 YEARS, S/O.JACOB, CHIRACKAL BHAGOM, PERUMPADAPPU KARA, RAMESWARAM, ERNAKULAM. 4. SANJAYAGED 26 YEARS, S/O.UNNIKUTTY, PALLIYALIL HOUSE, PERUMPADAPPU KARA, EDAKOCHI, ERNAKULAM 5. SHAFEER AGED 26 YEARS, S/O.RASHEED, RESIDING IN THE HOUSE F MRS.TREESA, CHEMBUMKANDAM LANE, PERUMPADAPPU KARA, PALLURUTHY, ERNAKULAM. 6. SANGEETH @ PONNU, AGED 24 YEARS, S/O.BABU, THURUTHIKATTU PARAMBIL HOUSE, RESIDING IN THE HOUSE OF MR. JOSEPH, KIDANGETHU, PERUMPADAPPU KARA, EDAKOCHI, ERNAKULAM. 7. SUDHEER @ GUDA AGED 26 YEARS, S/O.BABU, MADATHIPARAMBIL HOUSE, RESIDING IN THE HOUSE OF ALBI, GOMENDHA PARK ROAD, PERUMPADAPPU KARA, RAMESWARAM, ERNAKULAM. VK Crl.MC.No. 3799 of 2011() -------------------------------- 8. IRPHAN HABEEB, AGED 26 YEARS, S/O.ABOOBACKER, KUDAVALLIPPARAMBIL HOUSE, PYARI JUNCTION, THPPUMPADY, ERNAKULAM 9. DANI, AGED 26 YEARS, S/O.XAVIER, NALUKKETTUMPARAMBIL HOUSE, PALLURUTHY VILLAGE, ERNAKULAM. BY ADV. SRI.SOORAJ T.ELENJICKAL RESPONDENTS/STATE & DEFACTO CMPLAINANT: ------------------------------------------------------ 1. STATE OF KERALA THRUGH CIRCLE INSPECTOR OF POLICE, PALLURUTHY, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERAA, ERNAKULAM PIN 682031. 2. FRANCIS, AGED 42 YEARS, S/.XAVIER, PRESENTLY RESIDING AT ARACKAL HOUSE, THOPPUMPADY, ERNAKULAM PIN 682005 R1 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN R2 BY ADV. SMT.M.A.BINDU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK Crl.MC.No. 3799 of 2011() ------------------------------- APPENDIX ------------- PETITIONER'S ANNEXURE ---------------------------- ANNEXURE 1. CERTIFIED COPY OF CHARGE SHEET/FINAL REPORT DATED 29.12.2007 SUBMITTED BY THE POLICE BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE CURT II, KOCHI. RESPONDENT'S EXHIBIT : NIL ------------------------------------- / TRUE COPY / P.A. TO JUDGE VK N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3799 of 2011 ----------------------------------- Dated this the 16th day of November 2011 O R D E R Petitioners are the accused in S.C.No.689/2010 which is now pending on the file of Assistant Sessions Judge, Kochi. The charge sheet was laid against them alleging offences under Secs.364A and 395 r/w 109 and 114 of IPC. The 2nd respondent is the de facto complainant. The allegation is that while he was driving the vehicle along with 3rd accused, the 3rd accused got down on some pretext and then all other accused persons gathered there and they abducted the complainant and the vehicle belonging to R2 was taken away by the accused. After conducting investigation, the charge sheet was laid alleging offences as mentioned above. 2. The 2nd respondent – the de facto complainant is represented in this Court by his counsel. A detailed statement and also an affidavit have been filed by the 2nd respondent stating as to what actually transpired. On going through the Crl.M.C. No.3799 of 2011 -: 2 :- statement and affidavit, it is seen that there were financial transactions between the 2nd respondent and the father of the 3rd accused. The 2nd respondent owed a huge amount to the father of the 3rd accused. It was pertaining to that financial transaction, some dispute arose which ultimately led to the filing of this case. The learned counsel appearing for both sides would submit that now the parties have settled the matter out of court and that 2nd respondent does not intend to proceed further in the matter. Since the dispute is purely personal in nature and as the parties have settled the matter amicably, it is just and proper that this petition is allowed. Hence, this Crl.M.C. is allowed. Further proceeding in S.C.No.689/2010 on the file of Assistant Sessions Judge, Kochi is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt