Allowed

Rojal E.K. v. State of Kerala

Kerala HC2 Apr 2018Crl.MC/1810/2018

Case brief

AI extract

What is this about?

On a petition to quash criminal proceedings founded upon offences under the IPC and the Kerala Prohibition of Ragging Act, the Court accepted evidence of settlement and found no public interest involved, quashing the proceedings against the accused petitioners.

What did the court decide?

The criminal miscellaneous petition was allowed and the proceedings in Crime No.331 of 2017 were quashed.

Rojal E.K. Vs State of Kerala — Quashing and FIR | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

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MONDAY, THE 2ND DAY OF APRIL 2018 / 12TH CHAITHRA, 1940

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Crl.MC.No. 1810 of 2018

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CC. NO.929/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, THAMARASSERY. CRIME NO. 331/2017 OF MUKKOM POLICE STATION, KOZHIKODE.

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PETITIONERS/ACCUSED

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1 ROJAL E.K., AGED 22 YEARS, S/O. RAVEENDRAN, KAVUMTHOTTATHUPARAMBU, PAIGGOTPPURAM, MLA ROAD, KUTTIKKATTUR, 673 008-PIN, KOZHIKODE, KERALA.

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2 SUYOG, AGED 21 YEARS, S/O.KUMARAN, PARAKOMBATHU HOUSE, CHERUKKADU, KURACHUND, 673 527-PIN, KOZHIKODE, KERALA.

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3 MUHAMMED SHAMMAS.P.,

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AGED 22 YEARS, S/O. SHAMSUDHIN, PAATTATHIL HOUSE, PANNOOR, KIZHAKKOTH POST, KOZHIKODE- 673 572.

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4 MUHAMMED SHAHID .P.O.,

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AGED 22 YEARS, S/O.GAFFOOR, PUTHIYAVEETTIL HOUSE, MANICHIRA, POOMALA, SULTHAN BATHERI, 673 592-PIN, WAYANAD.

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5 SUDHIN K.SURENDRAN,

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AGED 23 YEARS, S/O.SURENDRAN, KURUKKANKUNNUMMAL VEEDU, VARIYATTYAKKU, KUNNAMANGALAM POST, 673 571-PIN, KOZHIKODE, KERALA.

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6 ADHIL. K.P.,

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AGED 21 YEARS, S/O. BASHEER K.P, KADAMTTIL POOZHI THARAMMAL, KAIMALASSERI, THRIPPATTAMKODU, ALATHIYYOR, THIROOR- 676 101, MALAPPURAM, KERALA.

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7 PRASHANTH.A.M.,

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AGED 22 YEARS, S/O.MURALEEDHARAN, AYOOR VEEDU, PULAMANTHOL, MALAPPURAM- 676 505, KERALA.

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BY ADV.SRI.BIJU.P.N.

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Crl.MC.No. 1810 of 2018

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RESPONDENTS/STATE:

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1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MUKKAM POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. RAJUL JAWAD, S/O. RAFEEQ, AGED 20 YEARS, PALLIKUNIYIL THUVAKKAD POOKKAD, CHEMANCHERY, KOZHIKODE- 673 304, KERALA.

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3. SHERIN NIJAS, AGED 21 YEARS, ETTEPPADAN HOUSE, KARAPURAM, EDAKKARA, NILAMBOOR, MALAPPURAM, 676 505-PIN, KERALA.

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R1 BY SR. PUBLIC PROSECUTOR SRI.C.S. HRITHWIK. R2 & R3 BY ADV. KUM.M.JINSY RAM.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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03/04/2018.

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Crl.MC.No. 1810 of 2018 ()

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APPENDIX PETITIONER'S ANNEXURES:

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ANNEXURE -A THE CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.331/2017 OF MUKKAM POLICE STATION. ANNEXURE- B THE CERTIFIED COPY OF FINAL REPORT IN CC.NO.929/2017 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, THAMARASSERY, KOZHIKODE. ANNEXURE- C AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT ANNEXURE- D AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT. RESPONDENT'S ANNEXURES: NIL.

//TRUE COPY//

P.S. TO JUDGE

rs. 03/04/2018.

K. ABRAHAM MATHEW, J.

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Crl.M.C. No.1810 of 2018

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Dated this the 2^nd day of April, 2018

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ORDER

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Petitioners are accused in Crime No.331 of 2017 of Mukkom Police Station registered for the offences under Sections 323, 324 and 341 r/w Section 149 IPC and Section 4 of the Kerala Prohibition of Ragging Act. Respondents 2 and 3 are the victims. It is submitted that the matter has been settled and the proceedings may be quashed.

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Heard the learned counsel for the petitioners, the

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learned counsel for respondents 2 and 3 and the learned Public Prosecutor.

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I have perused the affidavit filed by respondents 2 and 3, who have 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 prayer of the petitioners.

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Crl.M.C. No. 1810 of 2018

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-2-

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In the result, this Crl.M.C is allowed. The proceedings in Crime No.331 of 2017 of Mukkom Police Station are quashed.

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Sd/K. ABRAHAM MATHEW JUDGE

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Scl/02.04.18

Rojal E.K. v. State of Kerala

Case brief

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Rojal E.K. v. State of Kerala

Case brief

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