Apology Affidavit Cannot Be Entertained To Quash Prosecution For Violence Inside College Campus By Teaching Staff: Madras HC
The Madras High Court observed that as affidavit of apology cannot be entertained to quash the prosecution launched for violence inside a college campus by its teaching staff.
The Court dismissed a criminal petition filed under Section 482 of the CrPC seeking to quash proceedings against teaching and non-teaching staff of a college. The Court noted that campus violence by the teaching staff was a very serious matter which cannot be condoned by just receiving an apology letter.
A Single Bench of Justice G. Jayachandran observed, “When the specific overtact attracting prosecution for criminal offence been made out by the prosecution, if at all the petitioner wants to plead guilty, it should be done in the manner known to law under Section 482 of Cr.P.C., An affidavit of apology cannot be entertained to quash the prosecution launched for offence of this kind. Criminal Procedure Code provides for bargain, or plead guilty or compound. Bye-passing the procedures and quashing criminal prosecution, by obtaining apology letter for an act of violence inside the college campus by the teaching staff is not in the interest of justice. Hence, quash petition is dismissed.”
Advocate N. Elayaraja represented the petitioner, while G.A. S. Udaya Kumar appeared for the respondents.
The initiation of the complaint stemmed from a protest by both the teaching and non-teaching staff for offences under Sections 143, 147, 448, 341, 342 and 149 of the IPC. A final report was subsequently filed against 39 persons involved in the protest.
The petitioner sought to quash the case on the grounds that the Court had allowed similar petitions after receiving affidavits of apology from some of the accused.
The Court noted that a former Judge of the Madras High Court was appointed as an Administrator of the college due to rampant mismanagement of the College who attempted to streamline the administration, which was subsequently protested by the college staff. This led to police complaint by the former Judge and the same was taken for investigation and a final report was filed.
“The campus violence by the teaching staff themselves is a very serious matter which cannot be condoned by just receiving an apology letter. However, unfortunately, on letter by few accused persons, this court has entertained the quash petition,” the Court remarked.
Consequently, the Court stated that the petitioner was at liberty to approach the trial court and seek a remedy either by resorting to plead bargain or compounding.
Accordingly, the High Court dismissed the petition.
Cause Title: Dr. T.V. Swaminathan v. State & Anr.
