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Ashir, vs State of Kerala,

ASHIR, vs State of Kerala,

Type Court Judgment Court Kerala Decided Jul 30, 2021
~4 min read
https://sooperkanoon.com/case/1654694

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Crl.MC/3175/2021

Parties & Advocates

Appellant / Petitioner

ASHIR,

Respondent

State of Kerala,

Excerpt

.....been filedand the matter is now pending before judicial first class magistrate court, nadapuram as c.c. no.673/2020. some of the accused were juveniles and the case against them was split up and refiled before the juvenile justice board. the defacto complainant injured are respondents 2 to 12. the petitioners stated that the matter has been amicably settled and that proceedings crl.mc.no.3175 of 2021 4 against them may therefore be quashed. the party respondents have appeared through counsel and filed affidavits to the effect that the matter has been amicably settled and they have no grievance against the petitioners and that the entire proceedings as against the petitioners may be quashed. the petitioners, the defacto complainant and injured were students of m.i.m.higher secondary school, perode and in view of the fact that the matter has been amicably settled and that there is no public interest involved, the petition is to be allowed.3. the learned public prosecutor has alsoreceived instructions regarding the genuineness of the settlement. the petitioners have no criminal antecedents. in view of the fact that the injured have no objection against the petitioners, no purpose will be served by crl.mc.no.3175 of 2021 5 proceeding with the trial against the petitioners. in the result, the crl.m.c is allowed. the entire proceedings as against the petitioners in crime no.357/2020 of nadapuram police station presently pending as c.c. no.673/2020 on the files of the judicial first class magistrate, nadapuram stands quashed under section 482 of the crpc and the accused are discharged and set at liberty. sd/- ashok menon judge al/- crl.mc.no.3175 of 2021 6 appendix of crl.mc 3175/2021 petitioner annexure annexure a certified copy of fir in crime no.357/19 nadapuram polic station pending as cc no.673/20 before jfcm, nadapuram. annexure b certified copy of charge sheet in crime no.357/19 of nadapuram police station pending as cc no.673/20 before jfcm,.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943 CRL.MC NO. 3175 OF 2021 AGAINST THE ORDER/JUDGMENT IN CC 673/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,NADAPURAM, KOZHIKODE (CRIME NO. 357/2019 OF NADAPURAM POLICE STATION) PETITIONERS/ACCUSED NO.3:

1 ASHIR, S/O.AHAMMED, KARACHINKANDY HOUSE, PERODE, VADAKARA TALUK, KOZHIKODE. 2 MOHAMMED RIJUVAN, AGED 20 YEARS S/O.ABDUL MAJEED, KUNGUVACHERY HOUSE, KARTHIKAPALLI, VADAKARA TALUK, KOZHIKODE. 3 MOHAMMED SAHAL.K.P., AGED 21 YEARS S/O.YOUSUF, KUNHIPARAMBATH HOUSE, KALLIKANDY, THALASSERY TALUK, KANNUR DISTRICT. BY ADVS. N.SHANOJ S.KRISHNALAL

RESPONDENTS/COMPLAINANTS & STATE:

1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2 MOIDU PARAMPATH, AGED 54 YEARS S/O.ABDULLA HAJI, PARAMPATH HOUSE, PONNERI PARAMBIL POST, VILLIAPALLI, VATAKARA TALUK, KOZHIKODE DISTRICT-673 101. 3 MOHAMMED KAIS, S/O.RAFEEQ, KAITHOAMEETHAL HOUSE, PARAKADAVU, PULIYAVU, VATAKARA TALUK, KOZHIKODE DISTRICT-673 101. 4 NABEEL, S/O.RAFEEQ, KANNOTH HOUSE, EDACHERI, VATAKARA TALUK, KOZHIKODE DISTRICT-673 101. 5 MOHAMMED HILAL, S/O.ANSAR, CHERIYA KAARAYIL HOUSE, KAKKAMVALI, NADAPURAM, VATAKARA TALUK, KOZHIKODE DISTRICT-673 101. 6 MOHAMMED SHAHAL S/O.IBRAHIM, MARUMOLI HOUSE, VATAKARA TALUK, KOZHIKODE DISTRICT- 673 101.

Crl.MC.No.3175 OF 2021 2

7 MOHAMMED IMRAN, S/O.NISAR,KUNNUMMEL HOUSE, ERAAMALA, ORKKATTERI, VATAKARA TALUK, 8 MOHAMMED JANIL, S/O.SANIL, KAAVULLATHIL HOUSE, NADAPURAM, VATAKARA TALUK, 9 MOHAMMED NIHAAL, S/O.NAVAAS, PULAYANTAVIDA HOUSE, MUNDAVENTHERI, VATAKARA TALUK, 10 MOHAMMED NISHAMIN, S/O.JASEER, VAYLOORKANDI HOUSE, NADAPURAM, VATAKARA TALUK, 11 AMRAAS K.K S/O.ASHARAF, KOODATHANKANDIYAIL HOUSE, EDACHERI, VATAKARA TALUK, 12 SHAMNAAJ AZEEZ, S/O.AZEEZ, EDATHIL HOUSE, EDACHERI, VATAKARA TALUK, KOZHIKODE DISTRICT-673 101. BY ADV S.JUSTUS

OTHER PRESENT: SRI.C.S.HRITHWIK, SR.PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.07.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No.3175 OF 2021 3

O R D E R

Dated this the 30th day of July 2021 The petitioners are accused Nos.4,6 and 7 in Crime No.357/2019 of Nadapuram Police Station for having allegedly committed the offence punishable under Section 4 of the Kerala Prohibition of Ragging Act 1998.

2. The Final report has already been filed

and the matter is now pending before Judicial First Class Magistrate Court, Nadapuram as C.C. No.673/2020. Some of the accused were juveniles and the case against them was split up and refiled before the Juvenile Justice Board. The defacto complainant injured are respondents 2 to 12. The petitioners stated that the matter has been amicably settled and that proceedings Crl.MC.No.3175 OF 2021 4 against them may therefore be quashed. The party respondents have appeared through counsel and filed affidavits to the effect that the matter has been amicably settled and they have no grievance against the petitioners and that the entire proceedings as against the petitioners may be quashed. The petitioners, the defacto complainant and injured were students of M.I.M.Higher Secondary School, Perode and in view of the fact that the matter has been amicably settled and that there is no public interest involved, the petition is to be allowed.

3. The learned Public Prosecutor has also

received instructions regarding the genuineness of the settlement. The petitioners have no criminal antecedents. In view of the fact that the injured have no objection against the petitioners, no purpose will be served by Crl.MC.No.3175 OF 2021 5 proceeding with the trial against the petitioners. In the result, the Crl.M.C is allowed. The entire proceedings as against the petitioners in Crime No.357/2020 of Nadapuram Police Station presently pending as C.C. No.673/2020 on the files of the Judicial First Class Magistrate, Nadapuram stands quashed under Section 482 of the CRPC and the accused are discharged and set at liberty. Sd/- ASHOK MENON JUDGE al/- Crl.MC.No.3175 OF 2021 6 APPENDIX OF CRL.MC 3175/2021 PETITIONER ANNEXURE Annexure A CERTIFIED COPY OF FIR IN CRIME NO.357/19 NADAPURAM POLIC STATION PENDING AS CC NO.673/20 BEFORE JFCM, NADAPURAM. Annexure B CERTIFIED COPY OF CHARGE SHEET IN CRIME NO.357/19 OF NADAPURAM POLICE STATION PENDING AS CC NO.673/20 BEFORE JFCM, NADAPURAM.

Annexure C            AFFIDAVIT OF RESPONDENT NO.2.
Annexure D            AFFIDAVIT OF RESPONDENT NO.3.
Annexure E            AFFIDAVIT OF RESPONDENT NO.4.
Annexure F            AFFIDAVIT OF RESPONDENT NO.5.
Annexure G            AFFIDAVIT OF RESPONDENT NO.6.
Annexure H            AFFIDAVIT OF RESPONDENT NO.7.
Annexure I            AFFIDAVIT OF RESPONDENT NO.8.
Annexure J            AFFIDAVIT OF RESPONDENT NO.9.
Annexure K            AFFIDAVIT OF RESPONDENT NO.10.
Annexure L            AFFIDAVIT OF RESPONDENT NO.11.
Annexure M            AFFIDAVIT OF RESPONDENT NO.12.

RESPONDENTS EXHIBITS : NIL TRUE COPY P.S TO JUDGE AL/-

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