Suhas Latheef vs State Of Kerala
2021 Latest Caselaw 15021 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR. JUSTICE ASHOK MENON
         FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
                         CRL.MC NO. 3278 OF 2019
            CRIME NO.567/2006 OF MANGALAPURAM POLICE STATION
 AGAINST THE ORDER/JUDGMENT IN CC 173/2007 OF JUDICIAL MAGISTRATE OF
              FIRST CLASS -II,ATTINGAL, THIRUVANANTHAPURAM
PETITIONER/S:

            SUHAS LATHEEF
            AGED 32 YEARS
            S/O.ABDUL LATHEEF, SUJITH NIVAS, THONNAKKAL, PATTATHIL
            MURI, MEL THONNAKKAL VILLAGE, THIRUVANANTHAPURAM.

            BY ADV SHAJIN S.HAMEED



RESPONDENT/S:

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

     2      SUMITH BASHEER,
            AGED 33 YEARS
            S/O.BASHEER, ANANDMANDIRAM, CHIRAKKAL ROAD,
            PADINJATTUMUKKU DESOM, KADINAMKULAM VILLAGE,
            THIRUVANANTHAPURAM, PIN CODE- 695303.

            R2 BY ADV A.K.RAJESH


OTHER PRESENT:

            R1 BY SRI.T.R.RENJITH-PP


     THIS   CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 3278 OF 2019
                                        2



                                O R D E R

The petitioner is the 6th accused in Crime No.567/2006

of Mangalapuram Police Station for having allegedly

committed the offences punishable under Sections 143, 147,

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

Section 4 of the Prohibition of Ragging Act (Kerala), 1998.

2. The petitioner states that the matter has been

settled with the de facto complainant/injured, who is the

2nd respondent herein. The 2nd respondent has also appeared

through a Counsel and filed an affidavit to the effect that

the matter has been settled amicably and that he has no

objection in quashing the proceedings as against the

petitioner.

3. The learned Public Prosecutor has also got

instructions regarding the genuineness of the settlement

between the petitioner and the 2nd respondent. The de facto

complainant has given a statement to the investigating

officer that he misunderstood the person of the petitioner CRL.MC NO. 3278 OF 2019

among the persons, who had allegedly attacked him and

actually the petitioner was not involved in the incident.

In view of the above submission and also the fact that the

petitioner has no criminal antecedents and that there is no

public interest involved, the Crl.M.C. is only to be

allowed.

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

proceedings as against the petitioner in Crime No.567/2006

of Mangalapuram Police Station, presently pending on the

files of the Judicial First Class Magistrate Court-II,

Attingal as C.C.No.173/2007, stands quashed under Section

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

liberty.

Sd/-

ASHOK MENON JUDGE dkr CRL.MC NO. 3278 OF 2019

APPENDIX OF CRL.MC 3278/2019

PETITIONER ANNEXURE

ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.567/2006 OF MANGALAPURAM POLICE STATION.

ANNEXURE B AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT/CW1.