Kerala High Court
Ashir vs State Of Kerala on 30 July, 2021
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,
AGED 19 YEARS
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,
AGED 19 YEARS
S/O.RAFEEQ, KAITHOAMEETHAL HOUSE, PARAKADAVU, PULIYAVU, VATAKARA
TALUK, KOZHIKODE DISTRICT-673 101.
4 NABEEL,
AGED 19 YEARS
S/O.RAFEEQ, KANNOTH HOUSE, EDACHERI, VATAKARA TALUK, KOZHIKODE
DISTRICT-673 101.
5 MOHAMMED HILAL,
AGED 18 YEARS
S/O.ANSAR, CHERIYA KAARAYIL HOUSE, KAKKAMVALI, NADAPURAM, VATAKARA
TALUK, KOZHIKODE DISTRICT-673 101.
6 MOHAMMED SHAHAL
AGED 18 YEARS
S/O.IBRAHIM, MARUMOLI HOUSE, VATAKARA TALUK, KOZHIKODE DISTRICT-
673 101.
Crl.MC.No.3175 OF 2021 2
7 MOHAMMED IMRAN,
AGED 18 YEARS
S/O.NISAR,KUNNUMMEL HOUSE, ERAAMALA, ORKKATTERI, VATAKARA TALUK,
KOZHIKODE DISTRICT-673 101.
8 MOHAMMED JANIL,
AGED 19 YEARS
S/O.SANIL, KAAVULLATHIL HOUSE, NADAPURAM, VATAKARA TALUK,
KOZHIKODE DISTRICT-673 101.
9 MOHAMMED NIHAAL,
AGED 18 YEARS
S/O.NAVAAS, PULAYANTAVIDA HOUSE, MUNDAVENTHERI, VATAKARA TALUK,
KOZHIKODE DISTRICT-673 101.
10 MOHAMMED NISHAMIN,
AGED 18 YEARS
S/O.JASEER, VAYLOORKANDI HOUSE, NADAPURAM, VATAKARA TALUK,
KOZHIKODE DISTRICT-673 101.
11 AMRAAS K.K
AGED 18 YEARS
S/O.ASHARAF, KOODATHANKANDIYAIL HOUSE, EDACHERI, VATAKARA TALUK,
KOZHIKODE DISTRICT-673 101.
12 SHAMNAAJ AZEEZ,
AGED 18 YEARS
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
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
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/-
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/-
