Muhammed Aslam vs State Of Kerala
2021 Latest Caselaw 13291 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE ASHOK MENON
         THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                        CRL.MC NO. 1600 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 1179/2019 OF JUDICIAL MAGISTRATE OF
                     FIRST CLASS ,TIRUR, MALAPPURAM
PETITIONER/S:

     1       MUHAMMED ASLAM
             AGED 22 YEARS
             S/O.ABDUL KAREEM, MES ENGINEERING COLLEGE, KUTTIPURAM,
             MALAPPURAM DISTRICT, RESIDING AT KARUMATHU VALAPPIL
             HOUSE, PORKULAM P.O., THRISSUR DISTRICT, PIN-680 542.

     2       MUHAMMED MUNEER,
             AGED 22 YEARS
             S/O.ABUBAKER, MES ENGINEERING COLLEGE, KUTTIPURAM,
             MALAPPURAM DISTRICT, AYANIPULLIYIL HOUSE, KORATTIKKARA
             P.O., THRISSUR DISTRICT, KERALA, PIN-680 543.

     3       ABDUL BASIDH,
             AGED 22 YEARS
             S/O.ALI, MES ENGINEERING COLLEGE, KUTTIPURAM, MALAPPURAM
             DISTRICT, RESIDING AT PATHIYIL HOUSE, KOLAMANGALAM,
             VALANCHERY P.O., MALAPPURAM DISTRICT, PIN-676 552.

     4       MUHAMMED NADHEER,
             AGED 22 YEARS
             S/O.ABDUL HAMEED, MES ENGINEERING COLLEGE, KUTTIPURAM,
             MALAPPURAM DISTRICT, RESIDING AT PAKKINI HOUSE,
             P.O.TANALUR, KELAPPURAM, MALAPPURAM DISTRICT, PIN-676
             307.

     5       SHAHEES USMAN,
             AGED 22 YEARS
             S/O.USMAN, MES ENGINEERING COLLEGE, KUTTIPURAM,
             MALAPPURAM DISTRICT, RESIDING AT PARAMBATTU HOUSE,
             P.O.TANALUR, CHUNGAM, MALAPPURAM DISTRICT, PIN-676 307.

             BY ADV BINISH MATHEW
 CRL.MC NO. 1600 OF 2021
                                    2




RESPONDENT/S:

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

     2     SAJAD AHAMMED,
           AGED 22 YEARS
           S/O.SALEEM, RESIDING AT SHANAS VEEDU, CHERUVANNUR,
           KOLATHARA P.O., PIN-673 655, KOZHIKODE DISTRICT.

           R2 BY ADV M.K.MUFEED



OTHER PRESENT:

           SMT.M.K.PUSHPALATHA-PP



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 1600 OF 2021
                                     3




                              O R D E R

Dated this the 24th day of June 2021

The petitioners are accused 1 to 5 in Crime No.251/2019

of Kuttippuram Police Station, presently pending on the

files of the Judicial First Class Magistrate Court-I, Tirur

as C.C.No.1179/2019 for having allegedly committed the

offences punishable under Sections 143, 147, 148, 447 341,

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

2. The de facto complainant and injured is the 2nd

respondent herein. He has appeared through Counsel and has

filed an affidavit to the effect that the matter has been

amicably settled and that he has no grievance against the

petitioners. The petitioners as also the de facto

complainant were all students of MES College, Kuttipuram

and that the incident occurred as a result of student

agitation.

3. The learned Public Prosecutor, under instructions, CRL.MC NO. 1600 OF 2021

submits that the matter has been settled amicably between

the parties. But it is pointed out accused 1 and 3 have

criminal antecedents in connection with student agitation

in the College. The main offences alleged against the

petitioners herein are under Sections 323 and 324 of the

I.P.C. and those are compoundable. In view of the fact

that the matter has been settled with the petitioners and

that there is no public interest involved, I find that

proceeding with the trial is exercising futility.

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

proceedings as against the petitioners in Crime No.251/2019

of Kuttippuram Police Station, presently pending on the

files of the Judicial First Class Magistrate Court-I, Tirur

as C.C.No.1179/2019, stands quashed under Section 482 of

Cr.P.C. and the petitioners are discharged and set at

liberty.

Sd/-

ASHOK MENON JUDGE dkr CRL.MC NO. 1600 OF 2021

APPENDIX OF CRL.MC 1600/2021

PETITIONER ANNEXURE

ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CC NO.1179/2019 ON THE FILES HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT I, TIRUR.

ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT IN CC NO.1179/2019 ON THE FILES OF HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT I, TIRUR.

ANNEXURE A3 THE CERTIFIED COPY OF THE ACCIDENT REGISTER CUM WOUND CERTIFICATE IN CC NO.1179/2019 ON THE FILES OF HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT I, TIRUR.

ANNEXURE A4 THE CERTIFIED COPY OF THE MEMORANDUM OF EVIDENCE OF CALENDAR CASE NO.1179/2019 ON THE FILES OF HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT I, TIRUR.

ANNEXURE A5 THE ORIGINAL OF THE AFFIDAVIT BY THE 2ND RESPONDENT.