IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 Crl.MC.No. 3751 of 2009() ------------------------------------ CRIME NO.652/2009 OF PERAMANGALAM POLICE STATION, THRISSUR DIST. ................ PETITIONERS/ACCUSED ----------------------------------- 1. AJITH JOSE, S/O.JOSE, GOPURAN HOUSE, POTTA P.O., CHALAKUDY, THRISSUR DISTRICT. 2. ISHAN, S/O.IMBICHIKOYA, PALAYIL HOUSE, KARUVANTHURUTHY P.O., FEROKE, KOZHIKODE DISTRICT. BY ADV. MR.M.J.POLLY RESPONDENT/COMPLAINANT ------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, KUNNAMKULAM, THRISSUR DISTRICT. 3. ROJIN SEBASTIAN, AGED 19 YEARS, S/O.DEVASSIA, MAPRAYIL HOUSE, VENGARY DESOM, KOZHIKODE. 4. JOYAL THOMAS, AGED 18 YEARS, S/O. P.THOMAS, MODIYUZHATHIL HOUSE, S.N.NAGAR, MANANTHALA VILLAGE, THIRUVNANTHAPURAM. R1& R2 BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. R3 & R4 BY ADV. MR.P.L.JOY. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3751 OF 2009 =========================== Dated this the 23rd day of November,2009 ORDER Petitioners are the accused and respondents 3 and 4 the victims in Crime 652/2009 of Peramangalam Police Station. Petitioners are the students of Amala Medical College, Thrissur. Based on the complaint filed by the Principal of Amala Medical College, Thrissur Annexure A1 F.I.R was registered for the offence under sections 427 read with section 34 of Indian Penal Code and Section 4 of Prohibition of Kerala Ragging Act,1998 on the allegation that petitioners subjected respondents 3 and 4 to ragging . This petition is filed under section 482 of Code of Criminal Procedure to quash the F.I.R contending that respondents 3 and 4 did not file any complaint before the Police and they have no grievance against the petitioners and in such circumstance, the case is to be quashed. It is submitted that in view of the registration of the case petitioners are under suspension and in the interest of justice the case may be quashed. 2. Respondents 3 and 4 filed separate affidavit Crl.M.C.3751/2009 2 stating that they have no grievance against the petitioners. 3. Learned counsel appearing for the petitioners and the learned Public Prosecutor were heard. 4. The case was registered based on a complaint filed by the Principal of Medical College. The de facto complainant is not impleaded, in the petition. Even if the de facto complainant is impleaded the question is whether invoking the extra ordinary powers of this court under section 482 of Code of Criminal Procedure, a case registered for an offence under section 4 of Prohibition of Kerala Ragging Act, 1998 is to be quashed based on the settlement. When the question of settlement is to be considered it is to be born in mind that todays victims are the culprits of the next year and that is why ragging is continued here and that too in an enhanced form. If this court is to invoke the extra ordinary powers under section 482 of Code of Criminal Procedure, to quash a case of this nature, it would only aid the ragging which is a social evil and sought to be prevented by enactment of Prohibition of Ragging Act,1998. When ultimately petitioners after trial could be convicted is not a matter to be considered at the initial stage of investigation, it is for the police to investigate the case properly. Crl.M.C.3751/2009 3 5. I find no reason to quash the F.I.R as sought for. The Circle Inspector of Police, Kunnamkulam is directed to complete the investigation expeditiously and file the final report before the Magistrate. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006