Ahammed Sohaib [email protected] vs The State Of Kerala
2021 Latest Caselaw 14498 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE ASHOK MENON
         TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                         CRL.MC NO. 528 OF 2021
         CRIME NO.409/2019 OF Kasaragod Police Station, Kasargod
     AGAINST THE ORDER/JUDGMENT IN CC 318/2019 OF CHIEF JUDICIAL
                    MAGISTRATE , KASARAGOD, KASARGOD
PETITIONER/S:

             AHAMMED SOHAIB A @ SUBBU,
             AGED 19 YEARS
             S/O.ABDUL RAHIMAN,RESIDING AT PATTEL ROAD,
             THALANGARA,KASARAGOD DISTRICT.

             BY ADVS.
             T.MADHU
             SMT.C.R.SARADAMANI


RESPONDENT/S:

     1       THE STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA,ERNAKULAM-682031.

     2       THE STATION HOUSE OFFICER
             KASARAGOD POLICE STATION,KASARAGOD DISTRICT-671121.

     3       MUHAMMED KALANDER SINAN
             S/O.MOIDEEN.K.M,RESIDING AT MANAL COTTAGE,
             ARJAL ROAD,CHOWKI,KASARAGOD TALUK,
             KASARAGOD DISTRICT-671124.

             R1-R2 BY SRI.T.R.RENJITH, PP
             R3 BY ADV P.E.MOHAMMED RAFEEQUE
     THIS   CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 528 OF 2021
                                      2




                                 O R D E R

Dated this the 13th day of July 2021

The petitioner is the 4th accused in Crime No.409/2019

of Kasaragod Police Station for having allegedly committed

the offences punishable under Sections 143, 147, 148, 341,

323 and 324 read with Section 149 of the I.P.C. and under

Sections 3 and 4 of the Kerala Prohibition of Ragging Act,

1998.

2. The de facto complainant/injured is the 3rd

respondent herein. The petitioner has approached this

Court stating that the matter has been settled with the 3rd

respondent and that he has no objection in quashing the

proceedings and the crime may be quashed under Section 482

of the Cr.P.C. Final report has already been filed and the

matter has been taken on the file of the Chief Judicial

Magistrate Court, Kasaragod as C.C.No.318/2019. The de

facto complainant, the 3rd respondent, has appeared through

a Counsel and filed an affidavit stating that the matter

has been settled amicably and that there was a dispute CRL.MC NO. 528 OF 2021

between two sections of juveniles, as a result of which

this crime happened to be registered. He has also no

objection in quashing the proceedings as against the

petitioner. The learned Pubic Prosecutor has also obtained

instructions from the investigating officer regarding the

genuineness of the settlement. The petitioner has no

criminal antecedents. He is only 19 years old and there is

no public interest involved.

Resultantly, the Crl.M.C. is allowed and the entire

proceedings as against the petitioner in Crime No.409/2010

of Kasaragod Police Station, presently pending as

C.C.No.318/2019 on the files of the Chief Judicial

Magistrate Court, Kasaragod, stands quashed under Section

482 of Cr.P.C. and the petitioner is discharged and set at

liberty.

Sd/-

ASHOK MENON JUDGE CRL.MC NO. 528 OF 2021

APPENDIX OF CRL.MC 528/2021

PETITIONER ANNEXURE

ANNEXURE A1 THE TRUE COPY OF THE FIR DATED 17/7/2019 IN CRIME NO.409/2019 OF KASARAGOD POLICE STATION.

ANNEXURE A2 THE TRUE CERTIFIED COPY OF THE FINAL REPORT DATED 31/8/2019 IN CRIME NO.409/2019 OF KASARAGOD POLICE STATION.

ANNEXURE A3 THE AFFIDAVIT DATED 15/1/2021 SWORN IN BY THE THIRD RESPONDENT.