High CourtsSingle Bench(2010) 09 KL CK 0121

K.P. Abdul Aseese and K.P. Saira Banu vs State of Kerala and Others

High Court Of Kerala · Decided on 6 September 2010

HON’BLE JUDGES
Sasidharan Nambiar, J
RESULT
Allowed
CASE NUMBER
Criminal M.C. No. 3663 of 2010

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Judgment

3 paragraphs · 241 words

M. Sasidharan Nambiar, J.—De facto complainant in C.C.203/2008 on the file of Judicial First Class Magistrate-I, Thamarassery filed this petition u/s 482 of the Code of Criminal Procedure to quash further proceedings in the case contending that she has already settled the disputes with respondents 2 to 6 the accused in the case. Judicial First Class Magistrate has taken cognizance for the offences under Sections 143, 147, 341, 354, 427 read with Section 149 of Indian Penal Code on Annexure A2 final report submitted by the Sub Inspector of Police, Thiruvambady.

2.

Prosecution case is that on 28.4.2008 at about 4 p.m respondents 2 to 6 formed themselves into an unlawful assembly with the common object of wrongfully restraining the petitioners and in furtherance of the common object trespassed into the property and wrongfully restrained petitioners, the wife and the husband and also caused damages to the Maruti Alto car and thereby committed the offences. Petition is filed by the husband and wife together stating that they have settled all the disputes with the petitioners. Consequent to the settlement, it is clear that no purpose will be served by directing respondents 2 to 6 to undergo the ordeal of a trial. In such circumstances, it is not in the interest of justice to continue the prosecution as the offences alleged are purely personal in nature.

Petition is allowed. C.C.203/2008 on the file of Judicial First Class Magistrate''s Court-I, Thamarassery is quashed.