Ashik v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 16TH DAY OF DECEMBER 2015/25TH AGRAHAYANA, 1937 Crl.MC.No. 7676 of 2015 ---------------------------------- CRIME NO. 577/2015 OF PERAMBRA POLICE STATION, KOZHIKODE .........
PETITIONER(S)/PETITIONER:
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1. ASHIK, AGED 20 YEARS, S/O.KUNJIMOIDEEN, RESIDING AT EDAVALATH HOUSE, MENJANNIAM P.O., PERAMBRA, KOILANDI TALUK, KOZHIKODE DISTRICT.
2. ROSHAN, AGED 21 YEARS, S/O.ABDHURAHIMAN, PARANTA VIDA HOUSE, THALIYIL P.O., KUTTIYADI, VADAKARA TALUK, KOZHIKODE DISTRICT.
3. AJEER, AGED 20 YEARS, S/O.ISMAIL, EDATHIL HOUSE, MATTANODE P.O., KOORACHUNDU, KOILANDI TALUK, KOZHIKODE DISTRICT. BY ADVS.SRI.J.R.PREM NAVAZ SRI.P.T.SHEEJISH RESPONDENT(S)/RESPONDENTS:
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1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. ABDUSAMAD N.K., AGED 19 YEARS, S/O.AMMED, RESIDING AT NADUKKANDIYIL HOUSE, KALLACHI, KODIYOOR P.O., VADAKARA TALUK, KOZHIKODE DISTRICT. R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2 BY ADV. SRI.AJOY VENU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/
Crl.MC.No. 7676 of 2015 ----------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:
ANNEXURE A:- CERTIFIED COPY OF THE FIRST INFORMATION REPORT CRIME NO 577 OF 2015 OF PERAMBRA POLICE STATION, KOZHIKODE DISTRICT DTD.14.8.2015.
ANNEXURE B:-THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE 2ND RESPONDENT/ DEFACTO COMPLAINANT DTD 4/12/2015 RESPONDENT(S)' ANNEXURES:
NIL //TRUE COPY// P.S.TO JUDGE Msv/
B.KEMAL PASHA, J.
====================== Crl.M.C. No.7676 of 2015 ======================= Dated this the 16th day of December, 2015
O R D E R
Petitioners are accused in Crime No.577 of 2015 of the Perambra Police Station, Kozhikode, registered for the offences punishable under Sections 341, 323 and 325 read with Section 34 of the Indian Penal Code and Section 4 of the Kerala Prohibition of Ragging Act, 1998.
2.
The matter has been amicably settled between the petitioners and the defacto complainant, who is the 2nd respondent herein. The defacto complainant has filed AnnexureB affidavit, affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners.
3.
There is a connected case also in the matter
Crl.M.C. No.7676 of 2015 registered as Crime No.573 of 2015 of the same Police Station. The matter involved in the said crime has also been settled between the parties. No criminal antecedents have been reported against the petitioners. When the matter has been amicably settled, no purpose would be served in proceeding with the matter further, and therefore, Annexure-A First Information Report in Crime No.577 of 2015 of the Perambra Police Station, Kozhikode, and all further proceedings as against the petitioners based on it, can be quashed.
In the result, this Crl.M.C. is allowed and Annexure-A First Information Report in Crime No.577 of 2015 of the Perambra Police Station, Kozhikode, and all further proceedings as against the petitioners based on it, are hereby quashed. Issue copy today itself.
Sd/- B.KEMAL PASHA JUDGE DSV/16/12/15 // True Copy // PA to Judge