Naseer Sha M vs State Of Kerala on 26 September, 2018

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Kerala High Court

Naseer Sha M vs State Of Kerala on 26 September, 2018

Bench: K.Abraham Mathew

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

 WEDNESDAY,THE 26TH DAY OF SEPTEMBER 2018 / 4TH ASWINA,
                          1940

                   Crl.MC.No. 6287 of 2018

             CC 189/2017 OF C.J.M., THALASSERY

CRIME NO. 1611/2016 OF CHAKKARAKKAD POLICE SATION, KANNUR



PETITIONER/S:


     1       NASEER SHA M., AGED 25 YEARS
             S/O.MUHAMMED NASEER, DAR MAL SOORKOTH,
             ATTINGAL, ALAMKODE PO, THIRUVANANTHAPURAM
             DISTRICT,
             PIN -695102.

     2       SARFARAS SHEREEF, AGED 24 YEARS
             S/O SHEREEF, NAMBOORIMADAM, TAGORE STREET,
             KALOOR P.O., ERNAKULAM DISTRICT-682017.

     3       ABHIJITH VIMAL, AGED 23 YEARS
             S/O VIMAL RAJ, RAJ NIVAS, IRAVIL, PEELIKODE,
             KASARGODE DISTRICT-671353.

             BY ADV. SMT.M.B.SHYNI




RESPONDENT/S:

     1       STATE OF KERALA,
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
             COURT OF KERALA, ERNAKULAM.
 Crl.MC.No. 6287 of 2018

                               ..2..

      2      RASAL MUHAMMED,
             AGED 19 YEARS
             S/O.KASIM MUHAMMED SAJID, RAHAMATH (H),
             SANATHANAPURAM, ALAPPUZHA DISTRICT PIN-688003.

             BY ADV. SRI.VISHAL PAVITHRAN


OTHER PRESENT:
            SRI. ALEX M THOMBRA SRPP


THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.09.2018, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:



                               ORDER

Petition filed under Section 482 Cr.P.C. 2. The petitioners are the accused in CC No. 189 of 2017 on the file of the Chief Judicial Magistrate Court, Thalassery registered for the offences under Sections 323, 324 & 341 r/w Section 34 of the Indian Penal Code and Section 4 of the Kerala Prohibition of Ragging Act. The second respondent is the victim. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed.

Crl.MC.No. 6287 of 2018

..3..

3. Heard the learned counsel for the petitioners and the second respondent and the learned Public Prosecutor.

4. I have perused the affidavit filed by the second respondent, who has entered appearance through counsel. I am satisfied that the allegation of settlement is true and no public interest is involved. There is no impediment for granting the prayer of the petitioners. In the result, this Crl.M.C. is allowed. The proceedings in CC NO. 189 of 2017 on the file of the Chief Judicial Magistrate Court, Thalassery are quashed. The learned magistrate may pass appropriate orders for the disposal of the material objects, if any, produced in the case.

Sd/-

K.ABRAHAM MATHEW JUDGE Crl.MC.No. 6287 of 2018 ..4..

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE I A TRUE COPY OF THE CHARGE SHEET IN C.C.189/2017 (CRIME NO.1611/2016 OF CHAKKARAKKAL POLICE STATION) OF CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY ANNEXURE II A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT/INJURED DATED 22.9.2018 Bka/27.09.2018

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