Kerala High Court
Hafil vs State Of Kerala on 19 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
CRL.MC NO. 2548 OF 2024
CRIME NO.328/2019 OF CHANGARAMKULAM POLICE STATION,
MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.740 OF 2019 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, PONNANI
PETITIONERS/ACCUSED NO.1 & 2:
1 HAFIL
AGED 23 YEARS
S/O MUHAMMEDKUTTY, UKKUMTHARAYIL (HO), KADAVALLUR
P.O, KARIKKAD, MALAPPURAM DISTRICT, PIN - 680519
2 MUHAMED HILAL
AGED 23 YEARS
S/O KUNJUMUHAMMED, KAMMALUMURIYIL (HO), NANNAMUKKU
P.O, AMAYIL, MALAPPURAM DISTRICT, PIN - 679575
BY ADVS.
P.T.SHEEJISH
AMRITA SAFAL M.
SANDRA TOM
A.ABDUL RAHMAN (A-1917)
HARIKIRAN
P.SREERAM
PARVATHY MANOJ
YOOSUF SAFWAN T. AJMAL
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 FARIS
AGED 20 YEARS, S/O BASHEER, MENOMTHOTTIL HOUSE,
KALATHILPADY, ERAMANGALAM P.O. MALAPPURAM,
PIN - 679587
2
Crl.M.C. No.2548 of 2024
3 MUHAMMED SHAMIL
AGED 20 YEARS, S/O KUNHI MARAKKAR, CHUNGATH HOUSE,
ANGADI P.O, PADINJARANGADI, PALAKKAD,
PIN - 679552
4 ANSHID
AGED 20 YEARS, S/O BASHEER, VALLUVANKADAVIL HOUSE,
SHUKAPURAM, NADUVATTAM P.O., MALAPPURAM DISTRICT,
PIN - 679308
5 WASEEM
AGED 20 YEARS, S/O MUJEEB, CHERUPADATH VALAPPIL
HOUSE, SHUKAPURAM, NADUVATTOM P.O, MALAPPURAM,
PIN - 679308
6 MUSTHAFA NABEEL
AGED 20, S/O ABDUL LATHEEF, MUNDEKKATTIL HOUSE,
SHUKAPURAM, NADUVATTOM P.O, MALAPPURAM,
PIN - 679308
7 SAHAD
AGED 21 YEARS, S/O KHALID, PANACHIKKAL HOUSE,
MULLOOR P.O. MALAPPURAM DISTRICT, PIN - 679308
8 THE PRINCIPAL,
GOVERNMENT HIGHER SECONDARY SCHOOL, EDAPPAL,
KERALA PIN-67956
BY ADV
SRI. M.C. ASHI - PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 19.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
3
Crl.M.C. No.2548 of 2024
C. PRATHEEP KUMAR, J
-----------------------------------------------
Crl.M.C. No. 2548 of 2024
------------------------------------------------
Dated this the 19th day of April, 2024
ORDER
This is a petition filed under Section 482 of the Code of
Criminal Procedure, by the accused Nos. 1 and 2 in Crime
No.328/2019 of Changaramkulam Police Station,
Malappuram, which is pending as C.C. No.740/2019 on the
file of the Judicial First Class Magistrate Court, Ponnai. The
offences alleged against the petitioners are punishable under
Sections 341 and 323 read with Section 34 of the Indian
Penal Code and Section 4 of the Kerala Prohibition of Ragging
Act, 1998.
2. The prosecution case is that: the accused persons,
who were the students of the Edappal Higher Secondary
School, in furtherance of their common intention ragged the
defacto complainants/junior students of the same school,
wrongfully restrained and caused voluntary hurt to them and
thereby committed the above offences.
3. According to the petitioners, the dispute has been
settled with the defacto complainants/victims. All of them
agreed to drop all further proceedings relating to the above
dispute. Therefore, they prayed for quashing all further
proceedings in Annexure-2, Final Report.
4. The Defacto complainants filed affidavits endorsing
the averments in the Crl.M.C. According to them, the case
has been amicably settled and that they do not intend to
proceed with the case and also that further proceedings in
the case can be quashed. They have no further grievance
against the petitioners.
5. Learned Public Prosecutor also stated that the
dispute has been settled between the parties and hence
further proceedings in the case can be quashed. Signed
statements of the defacto complainants also have been filed,
which substantiates the averments in their affidavit.
6. Considering the fact that the offences under Sections
341 and 323 read with Section 34 of the Indian Penal Code
and Section 4 of the Kerala Prohibition of Ragging Act, 1998
involved in this case are not heinous and very serious in
nature, and the dispute has been settled between the
petitioners and defacto complainants, this is a fit case in
which further proceedings can be quashed.
In the result, this Crl.M.C is allowed. All further
proceedings in C.C. No.740/2019 on the file of the Judicial
First Class Magistrate Court, Ponnai arising from Crime
No.328/2019 of Changaramkulam Police Station,
Malappuram, is quashed.
Sd/-
C.PRATHEEP KUMAR
JUDGE
BR
PETITIONER'S ANNEXURES
Annexure 1 THE TRUE COPY OF THE FIR IN CRIME NO:
328/ 2019 OF CHANGARAMKULAM POLICE
STATION
Annexure 2 THE CERTIFIED COPY OF THE CHARGE SHEET
ALONG WITH THE MEMORANDUM OF EVIDENCE IN
CRIME NO. 328/2019 FILED BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE COURT,
PONNANI
Annexure 3 THE ORIGINAL AFFIDAVIT SOLEMNLY AFFIRMED
BY THE 2ND RESPONDENT/ DE-FACTO
COMPLAINANT DATED 3/1/2024
Annexure 4 THE ORIGINAL AFFIDAVIT SOLEMNLY AFFIRMED
BY THE 3RD RESPONDENT/ DE-FACTO
COMPLAINANT DATED 3/1/2024
Annexure 5 THE ORIGINAL AFFIDAVIT SOLEMNLY AFFIRMED
BY THE 4TH RESPONDENT/ DE-FACTO
COMPLAINANT DATED 3/1/2024
Annexure 6 THE ORIGINAL AFFIDAVIT SOLEMNLY AFFIRMED
BY THE 5TH RESPONDENT/ DE-FACTO
COMPLAINANT DATED 3/1/2024
Annexure 7 THE ORIGINAL AFFIDAVIT SOLEMNLY AFFIRMED
BY THE 6TH RESPONDENT/ DE-FACTO
COMPLAINANT DATED 3/1/2024
Annexure 8 THE ORIGINAL AFFIDAVIT SOLEMNLY AFFIRMED
BY THE 7TH RESPONDENT/ DE-FACTO
COMPLAINANT DATED 08.09.2023
RESPONDENT'S ANNEXURES: NIL
