IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 Crl.MC.No. 5002 of 2010() ------------------------------------ ( CRIME NO.2/2010 OF SREEKARIYAM POLICE STATION, THIRUVANANTHAPURAM) ------------------------- PETITIONER(S): ACCUSED 1 & 2 ----------------------------------------------- 1. K.V.ANOOP,B.TECH STUDENT,COLLEGE OF ENGINEERING,THIRUVANANTHAPURAM (MENS HOSTEL UNION, CET,THIRUVANANTHAPURAM). 2. NIBUN JOSE,B.TECH STUDENT,COLLEGE OF ENGINEERING,THIRUVANANTHAPURAM (SECRETARY,MENS HOSTEL UNION,CET,THIRUVANANTHAPURAM). BY ADVS. SRI. SUMAN CHAKRAVARTHY SMT.RIJA. K.R RESPONDENT(S): DEFACTO COMPLAINANT AND STATE --------------------------------------------------------------------------------- 1. THE PRINCIPAL,COLLEGE OF ENGINEERING, TRIVANDRUM,ENGINEERING,COLLEGE(PO), THIRUVANANTHAPURAM-695016. 2. THE SUB INSPECTOR OF POLICE, SREEKARYAM POLICE STATION,THIRUVANANTHAPURAM, PIN-695 001. 3. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA.682 031. R1 BY ADV. SRI.M.R.RAJESH R2 & R3 BY PUBLIC PROSECUTOR SRI.I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/12/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 5002 OF 2010 =========================== Dated this the 21st day of December,2010 ORDER Petitioners who were the B.Tech students of College of Engineering, Sreekaryam Thiruvananthapuram the accused in Crime No.2/2010 of Sreekariyam Police Station registered for the offence under sections 143, 147, 148, and 452 read with section 149 of Indian Penal Code and Section 3(2)(e) of PDPP Act filed this petition under section 482 of Code of Criminal Procedure to quash the F.I.R and further proceedings contending that the college authorities had conducted an independent inquiry about the incident and found that allegations levelled against the petitioners have not taken place and the college authorities furnished Annexure B communication to the Home Minister with a copy Crl.M.C.5002/2010 2 to the Investigating officer stating these facts and the fact that the hostel union members helped the college authorities to reinstate the grills and also took initiative to compensate the losses suffered and to maintain the peaceful atmosphere and healthy relationship between the students and the college authorities the case is to be dropped. It is contended that in such circumstances, it is not in the interest of justice to continue the prosecution. 2. First respondent is the Principal of the College. First respondent appeared through a counsel and filed a separate affidavit stating that subsequent to the registration of the case an inquiry was conducted by the College and it was found that the facts are not as alleged and consequently a letter (Annexure B) was sent to the investigating officer to drop the proceedings and the damaged grills have been reinstated with the help of college union members and students and in such circumstances the institution has no objection Crl.M.C.5002/2010 3 for quashing the proceedings. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. It was based on Annexure A F.I.R Crime 2/2010 of Sreekaryam Police Station was registered, based on First Information Statement of the then Principal Dr.J.Latha. The allegation in the First Information Statement is that during the early morning of 4.1.2010 under the leadership of the Hostel union, the grills of the hostel were dismantled and destroyed and accused thereby committed the offences. Annexure B communication sent by the very same Principal to the investigating officer and the affidavit filed by the same Principal in this petition reveals that subsequently the grills were reinstated with the help of the petitioners and other members of the college union and students and in such circumstances to maintain the cordial relationship between the college authorities and the students, Crl.M.C.5002/2010 4 it was decided to withdraw the prosecution and therefore Annexure C was submitted. The argument of the learned counsel appearing for the petitioners and the first respondent is that when the disputes are settled amicably, in the light of the decision of the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19) and Nikhil Merchant v. Central Bureau of Investigation (2008 (3) KLT 769), it is not in the interest of justice to continue the prosecution. 5. The facts of the case reveal that the incident occurred in the college hostel. The senior students were aggrieved by the grills fitted to prevent outsiders from entering the hostel, which would also prevent the senior students approaching the juniors. The grills were destroyed. The affidavit filed by the Principal shows that inquiry revealed that the named accused were not involved in the incident and subsequently with the help of the union members of the hostel, the loss sustained were made up and the Crl.M.C.5002/2010 5 grills were reinstated. In such circumstances, to maintain the cordial relationship between the students and the college authorities, it is not in the interest of justice to continue the prosecution when the Principal of the college herself filed an affidavit stating that inquiry revealed that petitioners are not involved and the damaged grills were reinstated. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No.2/2010 of Sreekariyam Police Station registered under Annexure A F.I.R is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006