Kerala High Court
Vikas Sawney vs State Of Kerala on 22 October, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.M.C. No.2548 of 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
CRL.MC NO. 2548 OF 2018
CRIME NO.623/2017 OF HARBOUR POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.801 OF
2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, KOCHI
PETITIONERS/ACCUSED:
1 VIKAS SAWNEY
GENERAL MANAGER, M/S.HOTEL TRIDENT, BRISTOW
ROAD, WILLINGTON ISLAND, KOCHI-682003, HAVING
ADDRESS AT H.56, BAILI NAGAR, NEW DELHI.
2 DHANESH KUMAR
AGED 46, S/O.RAJAN, M/S.HOTEL TRIDENT,
BRISTOW ROAD,WILLINGTON ISLAND, KOCHI-682003,
HAVING ADDRESS AT RAJ BHAVAN, PONTHALA P.O.,
VENMANI, ALAPPUZHA.
3 SUDARSHAN SAHU
AGED 38, S/O.BANSIDAR SAHU, M/S.HOTEL
TRIDENT, BRISTOW ROAD, WILLINGTON ISLAND,
KOCHI - 682 003.
BY ADV SRI.LAL K.JOSEPH
Crl.M.C. No.2548 of 2018
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RESPONDENTS/COMPLAINANTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
2 THE SUB INSPECTOR OF POLICE,
HARBOUR POLICE STATION, WILLINGTON ISLAND.
3 ARIF SULTHAN
C.C./556, BAZAR ROAD, MATTANCHERY,
KOCHI - 682 002.
BY ADV.:
SRI.SANGEETHARAJ.N.R, PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY
HEARD ON 22.10.2024, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C. No.2548 of 2018
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P.V.KUNHIKRISHNAN, J.
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Crl.M.C. No.2548 of 2018
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Dated this the 22nd day of October, 2024
ORDER
This Criminal Miscellaneous Case is filed to
quash the proceedings in CC No.801/2017 on the
file of Judicial First Class Magistrate Court-I, Kochi.
The offence alleged are under Section 341 and 506
r/w 34 of IPC.
2. When this Crl.MC came up for
consideration, the learned counsel for the
petitioners submitted that the matter is settled. An
affidavit is also filed by the victim. The learned
Public Prosecutor submitted that a statement is
recorded from the victim and the matter is settled.
2024:KER:78638
If that be the case, I think, the proceedings against
the petitioners need not be continued. The dispute
is only private in nature.
Therefore, this Criminal Miscellaneous Case is
allowed. All further proceedings against the
petitioners in CC No.801/2017 on the file of Judicial
First Class Magistrate Court-I, Kochi are quashed.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
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PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN
C.C.801/17 ON THE FILE OF THE
JUDICIAL FIRST CLASS MAGISTRATE
COURT-1, KOCHI.
ANNEXURE A2 TRUE COPY OF THE LICENSE AGREEMENT
DATED 1-12-2015.
ANNEXURE A3 TRUE COPY OF THE PLAINT DATED 17-10-
2016 IN O.S.385/16 ON THE FILES OF
THE PRINCIPAL MUNSIFF COURT, KOCHI.
ANNEXURE A4 TRUE COPY OF THE WRITTEN STATEMENT
DATED 12-1-2017 IN O.S.385/2017 ALONG
WITH A COUNTER CLAIM TO REMOVE THE
ARTICLES.
ANNEXURE A5 TRUE COPY OF THE ORDER DATED 30-1-
2017 IN I.A.2856/16.
ANNEXURE A6 TRUE COPY OF THE COMPLAINT DATED 18-
4-2017.
ANNEXURE A7 TRUE COPY OF THE F.I.R.NO.624/17 OF
HARBOUR POLICE STATION.
ANNEXURE A8 TRUE COPY OF THE INTERIM INJUNCTION
ANNEXURE A9 TRUE COPY OF THE INTERIM ORDER IN
I.A.1876/17.
ANNEXURE A10 TRUE COPY OF THE ORDER DATED 8-5-2017
IN I.A.1877/17 IN O.S.385/16.
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ANNEXURE A11 TRUE COPY OF THE INTERIM ORDER DATED
30-7-2017 IN C.M.A.20/17.
ANNEXURE A12 TRUE COPY OF THE JUDGMENT DATED
6-7-2017 IN O.S.385/16.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
