IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 Crl.MC.No. 3979 of 2010() ------------------------------ CC.93/2008 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... PETITIONER(S): ACCUSED NOS 3 TO 7: ---------------------------------------------- 1. ALVA'S EDUCATIOANL FOUNDATION TRUST, MOODBIDRI, KARNATAKA STATE, REPRESENTED BY ITS CHAIRMAN DR.MOHAN ALVA. 2. ALVA'S COLLEGE OF NATUROPATHY AND YOGIC SCIENCES, MOODBIDRI, KARNATAKA STATE, REPRESENTED BY ITS PRINCIPAL DR.VANITHA. 3. DR.MOHAN ALVA, THE CHAIRMAN, ALVA'S EDUCATIONAL FOUNDATION TRUST, MOODBIDRI, KARNATAKA STATE. 4. DR.VANITHA, THE PRINCIPAL, ALVA'S COLLEGE OF NATUROPATHY AND YOGIC SCIENCES, MOODBIDRI, KARNATAKA STATE. 5. DEVI PRASAD SHETTY, STUDENT'S WELFARE OFFICER, ALVA'S COLLEGE OF NATUROPATHY AND YOGIC SCIENCES, MOODBIDRI, KARNATAKA STATE. BY ADVS. SRI.T.R.RAVI SRI.JAWAHAR JOSE SMT.CISSY JAWAHAR RESPONDENT(S): COMPLAINANT & STATE: -------------------------------------------------- 1. RUNO VARGHESE, S/O.REV.FR.P.K.VARGHEESE, POOLON HOUSE, MAR YONAN CHURCH, MULANGUNNATHUKAVU P.O., TRICHUR DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADVS. SRI.VIJU THOMAS SMT.M.MEENA JOHN R2 BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3979 OF 2010 --------------------------------------------- Dated 17th December, 2010 O R D E R Petitioners are accused 3 to 7 in C.C.93/2008 on the file of Judicial First Class Magistrate's Court-III, Thrissur, taken cognizance for the offences under Sections 417, 420 and 465 read with Section 34 of Indian Penal Code by Annexure-C order, on Annexure-B protest complaint filed by the first respondent after police submitted Annexure-A refer report as a mistake of fact. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings against them contending that on the materials, none of the offences is attracted against them and therefore, case against them is to be Crmc 3979/10 2 quashed. 2. Annexure-B complaint shows that case of the first respondent is that first respondent approached accused 1 and 2 for admission to Bachelor of Naturopathy and Yogic Science (BNYS) and accused 1 and 3 induced him to believe that admission could be given in the college of the fourth accused. An application was obtained. Accused 1 and 2 obtained certificates and mark list from him and also received Rs.10,000/- as advance and issued receipt No.1267 dated 28/6/2005. On the inducement, first respondent paid Rs.75,500/- by demand draft, out of the amount drawn from the education loan allowed to the first respondent from Thrissur Round South Branch of State Bank of Travancore. He had joined BNYS course in the college of the fourth accused. Crmc 3979/10 3 After the admission, first respondent was subjected to ragging by seniors. In spite of the complaint raised orally, phone and in writing, no action was taken. First respondent was therefore, compelled to discontinue his studies. It is alleged that the accused did not take any action and as a result first respondent sustained physical, mental and monetary loss. In spite of repeated request, even the certificates or the amount paid by the petitioner was not repaid or given back and it is alleged that it was in furtherance of the common intention of the accused to cheat the first respondent, they induced first respondent to join the college and part with the money and thereby the accused committed offences under Sections 417, 420, and 465 read with Section 34 of Indian Penal Code. Crmc 3979/10 4 Petitioners would contend that even, as per the allegations in the complaint the only case is that petitioners did not take action on the alleged ragging and did not repay the fess or returned the certificates. When the first respondent appeared through a counsel, learned counsel appearing for the petitioners expressed the willingness to return the certificates and also return the fees received. First respondent submitted that first respondent is prepared to receive the same and settle the dispute with the petitioners. 3. Subsequently, petitioners paid money and returned certificates. Hence first respondent filed an affidavit stating that entire disputes with the petitioners have settled and he received the certificates as well as Rs.51,500/- from the petitioners, Crmc 3979/10 5 paid at the time of admission. 4. In such circumstances, he has no objection for closing the case against the petitioners. In the light of the subsequent developments, it is not in the interest of justice to continue the prosecution against the petitioners. Petition is allowed. Cognizance taken against accused 3 to 7 in C.C.93/2008 on the file of Judicial First Class Magistrate's Court-III, Thrissur to the extent it is against them is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.