The petitioners are the accused in C.C.No.2120 of 2013 of the Judicial First Class Magistrate's Court, Kunnamkulam for the offences under Sections 324 read with Section 34 IPC and Sections 3 (2) (e) of the Prevention of Damage to Public Properties Act, 1984 (for short ‘the PDPP Act’). 2. The allegation against the petitioners is that on 02.09.2013 in between 10.30 p.m. and 12.30 a.m on the next day, they staged a tumult at the premises of the New Ladies Hostel of the Medical College and threw a liquor bottle on to the glass affixed to the window, thereby damaging the glass and causing injury to CW2, who was an inmate of the room. It is alleged that by destroying the glass, they have caused a wrongful loss of ₹1,190/- to the Government.
3. The petitioners have come up under Section 482 Cr.P.C., for getting Annexure A1 Final Report and all the proceedings in C.C.No.2120 of 2013 of the Judicial First Class Magistrate's Court, Kunnamkulam quashed.
4. According to the petitioners, the matter has been amicably settled between the parties and they have deposited in bank an amount of ₹20,000/- in total, out of which an amount of ₹15,000/- was deposited in the accounts of the hostel towards the loss and discomforts caused by the petitioners.
5. The 2nd respondent, who is the Principal of the Government Medical College, Thrissur, has also filed an affidavit stating that the matter has been amicably settled in the meeting of the Academic Council held on 9.10.2014 and they have agreed to compound the matter. Over and above it, the injured girl, who is CW2, has also filed an affidavit stating that she has sustained a trivial injury and the matter has been amicably settled and that she has no complaints against the petitioners. Even though an offence under Section 3 (2) (e) of the PDPP Act is also alleged against the petitioners, it seems that an amount of ₹15,000/- has been deposited in the bank account of the hostel for compensating the loss. The actual loss sustained was only for an amount of ₹1,190/-. When that much amount has been paid and the Principal of the Medical College, who is in charge of the hostel as well as CW2, who was the injured in the case, have condoned the acts of the petitioners and have expressed their willingness to get the matter compounded, I am of the view that the Final Report in the matter as well as all further proceedings based on it in C.C.No.2120 of 2013 of the Judicial First Class Magistrate's Court, Kunnamkulam can be quashed in the interest of justice, by taking note of the fact that the petitioners are medical students.
In the result, this Crl.M.C. is allowed and Annexure AI Final Report against the petitioners and all further proceedings in C.C.No.2120 of 2013 of the Judicial First Class Magistrate's Court, Kunnamkulam as against these petitioners are hereby quashed.
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B.KEMAL PASHA, JUDGE DSV/21/11 /True Copy/ P.A.To Judge