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Hamraz P K vs State Of Kerala

High Court Of Kerala|21 November, 2014
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JUDGMENT / ORDER

Petitioners are the accused in Crime No.753/2014 of Kottakkal Police Station registered for the offences punishable under Sections 354 and 294(b) of Indian Penal Code read with Section 34 of the Indian Penal Code. The petitioners have come up with a prayer to get Annexure 1 - F.I.R. and the continued proceedings in Crime No.753/2014 of Kottakkal Police Station, quashed. 2. The allegation against the petitioners is that they trespassed into the examination hall of Mravattam Grace Valley College, while internal examination was going on, obstructed the students from writing the examination, and the first accused outraged the modesty of the de-facto complainant, a lady teacher, who was present in the hall, by pulling on her shoulder, and the Crl.M.C.6418 of 2014 2 second accused abused her. The crime was registered on the basis of a complaint filed by the de-facto complainant before the Police.
3. Heard the learned counsel for the petitioners, learned counsel for the de-facto complainant and the learned Public Prosecutor. According to the learned counsel for the petitioners, the matter has been amicably settled between the parties and presently, the de-facto complainant, who is the 2nd respondent herein, has no complaints against the petitioners. The 2nd respondent has also filed an affidavit stating that the matter has been amicably settled and therefore, she has no complaints against the petitioners. The petitioners were also students.
4. The 2nd respondent has entered appearance through her counsel. The learned counsel for the 2nd respondent also endorses the fact that the affidavit has been sworn in by the 2nd respondent. The Investigating Officer has reported that the investigation is over and he has filed the final report before the court below on Crl.M.C.6418 of 2014 3 1.11.2014. When the matter has been amicably settled between the parties and especially, when the parties are students, I am of the view that Annexure-1 F.I.R. in Crime No.753/2014 of Kottakkal Police Station and the final report based on it and all further proceedings in it, can be quashed in the interests of justice.
In the result, this Crl.M.C. is allowed. Annexure-1 F.I.R. and the final report in Crime No.753/2014 of Kottakkal Police Station and all further proceedings in it, are quashed.
Sd/-
B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge
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Title

Hamraz P K vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
21 November, 2014
Judges
  • B Kemal Pasha
Advocates
  • Sri Jamsheed Hafiz