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ANAND PATHAK
Sachin Singh Bhadouriya – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
With consent heard finally.
The present petition under section 482 of the Criminal Procedure Code has been preferred by the petitioner for quashment of the FIR vide Crime No. 250/2023 registered at Police Station University (JI), Gwalior for the offence punishable under sections 294, 323, 506 and 34 of the Indian Penal Code and all consequential proceedings.
2. During the pendency of this petition, an application (vide I. A. No. 20623/2023) under section 320(2) of the Criminal Procedure Code was preferred by the petitioner for grant of permission to enter into compromise and compound the offence between petitioner/accused and complainant/victim.
3. It is the submission of learned counsel for petitioner that prosecution case as has been recited in the FIR indicates that complainant was subjected to ragging by the petitioner namely Sachin Singh Bhadouriya and other accused persons namely Sumit Gurjar, Uday Bhadouriya and Veer Gurjar. Sumit Gurjar gave a Danda blow to the victim who sustained contusion over his right eye and others caused Marpeet. Therefore, offence primarily under section 323 of the Indian Penal Code with the aid of section 34 was preferred. According to the peti
The court established that remorse and willingness to reform can justify the quashing of FIRs in cases of ragging, emphasizing the need for strict measures against such social evils.
Abetment of suicide requires clear intent and proximate cause; mere naming of co-accused without proof of instigation is insufficient.
The court established that educational authorities must enforce anti-ragging regulations proactively to prevent student harm, holding administrators accountable for lapses in ensuring campus safety.
The Court mandates swift publication of student results upon resolution of the disciplinary case following university regulations.
Ragging is established as a serious human rights abuse under the Chhattisgarh legislation, establishing liability on those responsible regardless of intent.
The judgment emphasizes the importance of adhering to principles of natural justice and the presumption of innocence, as well as the right to liberty guaranteed under Article 21 of the Constitution.
Disciplinary proceedings must adhere to principles of natural justice, requiring specific allegations to be communicated to the accused for a fair hearing.
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