Muhammed Junaid R vs State Of Kerala
2021 Latest Caselaw 6474 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

                THE HONOURABLE MR.JUSTICE V.G.ARUN

   TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                    Crl.MC.No.5319 OF 2020(D)

   AGAINST THE ORDER/JUDGMENT IN CC 59/2020 OF JUVENILE JUSTICE
                         BOARD, KASARAGOD

    CRIME NO.363/2018 OF VIDYA NAGAR POLICE STATION , Kasargod


PETITIONERS/JCL 1 TO 5:

      1      MUHAMMED JUNAID R.,
             AGED 19 YEARS
             S/O. ABDUL RAZAQ B. A.,
             PADUPPIL HOUSE, KASABA VILLAGE,
             KASARAGOD.

      2      MUHAMMED ARIF
             AGED 19 YEARS
             S/O. ABDUL HAMEED A., KANIYADUKKAM HOUSE,
             55TH MILE, THEKKIL VILLAGE,
             CHATTAMCHAL POST, KASARAGOD DISTRICT.

      3      MUHAMMED ALTHAF
             AGED 19 YEARS
             S/O. ABDULLAKUNHI B.M.,
             CHENNARKKATTE HOUSE,
             BADIADKA VILLAGE, PERDALA POST,
             KASARAGOD DISTRICT.

      4      MUHAMMED MUBASHIR C. H.
             AGED 19 YEARS
             S/O. ABDULKHADER,
             CHALANAD HOUSE,
             BEVINJE, THEKKIL FERRY POST,
             THEKKIL VILLAGE,
             KASARAGOD DISTRICT.

      5      AHAMMED ASHFAN
             AGED 19 YEARS
             S/O. BADUVANKUNHI,
             THEKKIL HOUSE,
             THEKKIL FERRY POST,
             THEKKIL VILLAGE,
             KASARAGOD DISTRICT.

             BY ADV. SRI.S.JIJI
 Crl.MC.No.5319 OF 2020

                               2


RESPONDENTS/STATE/S.H.O & DE-FACTO COMPLAINANT:

      1      STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA,
             ERNAKULAM - 682 031.

      2      S.H.O,
             VIDYANAGAR POLICE STATION,
             CIVIL STATION COMPLEX,
             MUTTATHODY P. O.,
             VIDYANAGAR, KASARAGOD - 671 123.

      3      AHAMMED MUNAVEER
             AGED 20 YEARS, S/O. MOHAMMEDKUNHI,
             MUHSINA MANZIL, EYYALA, BENDICHAL,
             THEKKIL VILLAGE,
             CHENGALA POST,
             KASARAGOD - 671 541.

             R3 BY ADV. M.M.BABY
             SRI. C. S. HRITHWIK, SR.PP.


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.5319 OF 2020

                                    3



                                   ORDER

Dated this the 23rd day of February 2021

Petitioners are the accused in Crime No.363/2018

registered at the Vidyanagar Police Station for offences

punishable under Sections 143, 147, 294(b), 323, 341 and

506(i) read with Section 149 of IPC, now pending as

C.C.No.59/2020 on the files of the Juvenile Justice Board,

Kasaragod. The de facto complainant, at whose instance the

crime was registered, is arrayed as the 3 rd respondent.

Annexure - A2 (a) affidavit has been filed by the 3 rd

respondent stating that the dispute, which was the reason for

the incident and registration of the crime, has been resolved

amicably and he has no subsisting grievance against the

petitioners.

2. Heard the learned Public Prosecutor also, who, on

instructions, submits that the petitioners have no criminal

antecedents.

3. Having considered the gravity of the offences alleged,

nature of the injury caused and having perused the affidavit

filed by the 3rd respondent, the contents of which are Crl.MC.No.5319 OF 2020

submitted to be true and voluntary, I am satisfied that the

dispute is settled and no public interest is involved in this

matter. Eventhough the petitioners are alleged to have

committed offences under the Prohibition of Ragging Act, that

the petitioners were school students and juveniles when the

incident occurred is taken into consideration. Moreover, in

view of the settlement, possibility of the criminal proceedings

ending in conviction is remote. As such, continuance of the

proceedings will amount to an abuse of process of court and

hence, in view of the legal position set out by the Honourable

Supreme Court in Madan Mohan Abbot v. State of Punjab

[(2008) 4 SCC 582] and Gian Singh v. State of Punjab and

another [(2012) 10 SCC 303], there is no impediment in

granting the relief sought.

In the result, this Crl.M.C is allowed. The proceedings in

C.C.No.59/2020 on the files of the Juvenile Justice Board,

Kasaragod is quashed.

Sd/-

V.G.ARUN JUDGE SPR Crl.MC.No.5319 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A-1 CERTIFIED COPY OF FINAL REPORT IN CR.NO.363/2018 OF VIDYANAGAR POLICE STATION.

ANNEXURE A-2(A) AFFIDAVIT DATED 25.09.2020 SWORN BY THE 2ND RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL.