Kerala High Court
Miyas T.P vs The State Of Kerala on 21 July, 2016
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 6TH DAY OF SEPTEMBER 2016/15TH BHADRA, 1938
Crl.MC.No. 5532 of 2016 ()
---------------------------
CRIME NO. 709/2016 OF PERAMBRA POLICE STATION , KOZHIKODE
PETITIONER(S)/ACCUSED:
---------------------
1. MIYAS T.P
S/O. ALI T.P,AGED 20 YEARS,
THAZHEPALILI
KALLACHI (VIA)
KODIYURA, KOZHIKODE 673 506
2. MUHAMMED ASHIR K.K
S/O. KUNHABDULLA, AGED 20 YEARS, KOMMODAN KANDIYIL
KALLACHI (VIA) KODIYURA, KOZHIKODE 673 506
3. AFEEF RAHMAN
S/O. ABDU RAHMAN, AGED 20 YEARS, ASHIYANA HOUSE,
PERAMBRA P.O, PERAMBRA (VIA)
KOZHIKODE 673 525
4. SUBHALAKSHMI
D/O. SURESH T
AGED 20 YEARS, LAKSHMI NILAYAM
POOVATHODICHALK, PUNNASSERY P.O
NARIKUNI (VIA),KOZHIKODE 673 585
5. SAMIYA SHERIN
D/O. ABDUL LATHEEF, AGED 20 YEARS, ECHIPOYIL HOUSE,
POONATH P.O, NADUVANNUR (VIA)
KOZHIKODE 673 614
6. SIYAD P.V
S/O.A BDUL LATHEEF, AGED 19 YEARS,
PUTHEN VEETTIL HOUSE, VANIMAL P.O,
KALLACHI (VIA),KOZHIKODE 673 506
7. FASINA
D/O. NASEER K, AGED 20 YEARS,
KALATHIL HOUSE, KUNINGAD P.O,
PURAMERI (VIA0,
KOZHIKODE 673 503
Crl.MC.No. 5532 of 2016
8. JAMSHEERA MUHAMMED
D/O. MUHAMMED,A GED 20 YEARS, PUTHIYUTTIL HOUSE,
KOOTHALI P.O, PERMABRA (VIA)
KOZHIKODE 673 525
9. RUFAID K
S/O. RAFEEQUE, AGED 20 YEARS, KOORIKKOTH HOUSE,
THORAYIL,MOODAKKALLUR P.O, ATHOLI (PO)
KOZHIKODE, PIN 673 323
10. MUHAMMED ALTHAF P
S/O. MOIDEEN KOYA, AGED 20 YEARS, KUNNAPOYIL HOUSE,
MONDAKKLUR P.O, THORANGI,
KOZHIKODE, PIN 673 323
11. MASNA P.P
D/O. MUHAMMED, AGED 20 YEARS, PADAYATTU POYIL HOUSE,
KAYANNA BAZAR P.O, PERAMBRA (VIA)
KOZHIKODE PIN 673 525
BY ADVS.SRI.S.KANNAN
SMT.S.SIMY
RESPONDENT(S)/STATE,DEFACTO COMPLAINANT:
----------------------------------------
1. THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA,ERNAKULAM 682 031
2. SUB INSPECTOR OF POLICE
PERAMBRA POLICE STATION,
KOZHIKODE DISTRICT 673 325
3. NIKITHASAHA
D/O. JAMALUDHEN M.K,AGED 19 YEARS,
KELATTU HOUSE, KELATTUPARAMBU,
PARAMBIL P.O, MOOZHIKKAL, KOZHIKODE 673 323
R3 BY ADV. SMT.M.SHAJNA
R3 BY ADV. SRI.K.M.FIROZ
R3 BY ADV. SMT.UMMUL FIDA
R3 BY ADV. SRI.E.C.AHAMED FAZIL
BY PUBLIC PROSECUTOR:SRI C K SURESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
06-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5532 of 2016 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO 709 OF 2016
OF PERAMBRA POLICE STATION KOZHIKODE RURAL
ANNEXURE A2 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 3RD
RESPONDENT DATED 21-07-2016
ANNEXURE A3 AFFIDAVIT SWORN BY THE 3RD RESPONDENT
RESPONDENT(S)' EXHIBITS:NIL
True Copy /
P A to Judge
SUNIL THOMAS, J.
=================
Crl.M.C.No.5532 of 2016
=================
Dated this the 6th day of September, 2016
ORDER
Petitioners are the students of an Arts and Science College, who stand arrayed as accused in Crime No.709 of 2016 of Perambra Police Station for offences punishable under sections 143, 147, 341, 506(i) r/w 149 of the Indian Penal Code and section 4 of the Kerala Prohibition of Ragging Act, 1998.
2. A complaint was laid by the third respondent on 21.07.2016 stating that few named persons therein had harassed her mentally and physically. Treating it as a case of ragging, crime was registered and investigation is progressing. While so, accused have approached this Court stating that the entire issues arose out of a misunderstanding, which was realized by the third respondent herein and the issues have been resolved. An affidavit has been filed by the third respondent reiterating the above. Learned counsel for the third respondent submitted that the de facto complainant has no surviving grievance against the petitioners. Learned Public Prosecutor on instructions submitted that a signed statement of the victim has been given, wherein, she has stated Crl.M.C.5532/16 2 that, at present, she is maintaining cordial relationship with the accused and she has no surviving grievance against the petitioners.
3. Essentially, it seems to be an incident that arose within the four walls of a college. Parties have decided to give a settlement to the entire issue. Having regard to the bright future of all the students, I feel that this is a matter which can be given a rest to and interest of justice demands quashing of the entire criminal proceedings.
In the result, Crl.M.C is allowed. Entire proceedings arising from Crime No.709 of 2016 of Perambra Police Station stand quashed.
Sd/-
SUNIL THOMAS Judge Sbna/6/9/16 True Copy / P A to Judge