Hafil vs State Of Kerala

C. Pratheep Kumar, J

This is a petition filed under Section 482 of the Code of Criminal Procedure, by the accused Nos. 1 and 2 in Crime No.328/2019 of Changaramkulam Police Station, Malappuram, which is pending as C.C. No.740/2019 on the file of the Judicial First Class Magistrate Court, Ponnai. The offences alleged against the petitioners are punishable under Sections 341 and 323 read with Section 34 of the Indian Penal Code and Section 4 of the Kerala Prohibition of Ragging Act, 1998.

The prosecution case is that: the accused persons, who were the students of the Edappal Higher Secondary School, in furtherance of their common intention ragged the defacto complainants/junior students of the same school, wrongfully restrained and caused voluntary hurt to them and thereby committed the above offences.

According to the petitioners, the dispute has been settled with the defacto complainants/victims. All of them agreed to drop all further proceedings relating to the above dispute. Therefore, they prayed for quashing all further proceedings in Annexure-2, Final Report.

The Defacto complainants filed affidavits endorsing the averments in the Crl.M.C. According to them, the case has been amicably settled and that they do not intend to proceed with the case and also that further proceedings in the case can be quashed. They have no further grievance against the petitioners.

Learned Public Prosecutor also stated that the dispute has been settled between the parties and hence further proceedings in the case can be quashed. Signed statements of the defacto complainants also have been filed, which substantiates the averments in their affidavit.

Considering the fact that the offences under Sections 341 and 323 read with Section 34 of the Indian Penal Code and Section 4 of the Kerala Prohibition of Ragging Act, 1998 involved in this case are not heinous and very serious in nature, and the dispute has been settled between the petitioners and defacto complainants, this is a fit case in which further proceedings can be quashed.

In the result, this Crl.M.C is allowed. All further proceedings in C.C. No.740/2019 on the file of the Judicial First Class Magistrate Court, Ponnai arising from Crime No.328/2019 of Changaramkulam Police Station, Malappuram, is quashed.