Kerala High Court
Favaz Muhammed vs State Of Kerala on 19 November, 2020
Author: Sunil Thomas
Bench: Sunil Thomas
Crl.M.C.No.4966/2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
Crl.MC.No.4966 OF 2020(A)
CRIME NO.67/2020 OF Nadapuram Police Station , Kozhikode
PETITIONER/JUVENILE IN CONFLICT WITH LAWS:
1 FAVAZ MUHAMMED,
AGED 17 YEARS
S/O.MUHAMMED NAJEEB, EDACHERY KNDIYIL HOUSE,
PURAMERI P.O., NADAPURAM, KOZHIKOE DISTRICT, PIN-
679 323
2 DANISH ROSHAN
AGED 17 YEARS
S/O.AMMED, ANIPILAVULLATHIL HOUSE, AYANCHERI P.O.,
VATAKARA, KOZHIKOE DISTRICT, PIN-679 524
BY ADVS.
SRI.J.R.PREM NAVAZ
SHRI.SUMEEN S.
RESPONDENT/S:
1 STATE OF KERALA
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM PIN-682 031
2 MUHAMMED YASAR P.K., AGED 16 YEARS,
S/O.ASHRAF, REP. BY ASHRAF, AGED 45, S/O.AMMAD,
PUTHIYA KOYILOTH HOUSE, KUMMANKODE, NADAPURAM,
KOZHIKODE-673 504
3 SHAHUL HAMEED, AGED 15 YEARS,
S/O.MUSTHAFA, REP. BY MUSTHAFA, AGED 50 YEARS,
S/O.ABDULLA KOMBIYULLATHIL THAZHEKUNNI, KUMMANKODE,
NADAPURAM, KOZHIKODE-673 504
4 ASEEM RAHMAN, AGED 14 YEARS,
S/O.ANDRU, REP. BY ANDRU, AGED 61 YEARS, S/O.SOOPY,
Crl.M.C.No.4966/2020 2
KOORIPARAMBATH HOUSE, KALLACHI P.O., KOZHIKODE
DISTRICT, PIN-673 506
5 MUHAMMED SHAHAL, AGED 16 YEARS,
S/O.HAMEED, REPRESENTED BY SAREENA AGED 41 YEARS,
W/O.HAMEED, CHIRAKKAL HOUSE, VALLIYAD P.O.,
KOTTAPPALLI, VATAKARA TALUK, KOZHIKODE DISTRICT,
PIN 673 542
R2-5 BY ADV. SRI.AJOY VENU
OTHER PRESENT:
PP AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.4966/2020 3
O R D E R
Dated this the 19th day of November 2020 Petitioners herein are juveniles in conflict with Laws. They stood arrayed as accused In Crime No. 67/2020 of Nadapuram Police Station for offences punishable under sections 143,147,18,341,323,324 read with section 149 IPC.
2. It was alleged by the persecution that, the petitioners along with other accused on 22/1/2020 at about 1.30 a.m. assaulted the defacto complainant. Complaint was laid, crime was registered and investigation is progressing. Since the petitioners are juveniles in conflict with Law, their case was seperated. In the meanwhile, parties have resolved their disputes among them. To support their claim, Annexures A3, A4, A5 and A6 affidavits affirmed by the respondents 2 to 5 are incorporated. Learned counsel for the petitioners and the learned counsel for the above respondents jointly submitted that the disputes are resolved.
3. Learned Public Prosecutor also endorsed that the petitioners have no criminal antecedents and that they have resolved their disputes. It is seen that crime against the remaining accused was quashed by Annexure A2 order in Crl.M.C. No.4620/2020. Considering the entire facts, Crl.M.C.No.4966/2020 4 I feel that this is a fit case in which proceedings against the petitioners can be quashed.
Accordingly, Crl.M.C.is allowed. All further proceedings against the petitioner in Crime No. 67/2020 of Nadapuram Police Station stand quashed.
Sd/-
SUNIL THOMAS
dpk JUDGE
Crl.M.C.No.4966/2020 5
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE TRUE COPY OF FIR IN CRIME NO.67 OF 2020
OF NADAPURAM POLICE STATION, KOZHIKODE DISTRICT ANNEXURE A2 THE TRUE COPY OF THE ORDER DATED 28.10.2020 IN CRL.M.C.NO.4620 OF 2020 ANNEXURE A3 THE AFFIDAVIT, SOLEMNLY AFFIRMED BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT ANNEXURE A4 THE AFFIDAVIT, SOLEMNLY AFFIRMED BY THE 3RD RESPONDENT/INJURED ANNEXURE A5 THE AFFIDAVIT, SOLEMNLY AFFIRMED BY THE 4TH RESPONDENT/4TH RESPONDENT/INJURED ANNEXURE A6 THE AFFIDAVIT, SOLEMNLY AFFIRMED BY THE 5TH RESPONDENT/INJURED