High CourtsSingle Bench(2022) 11 KL CK 0345

T.B.A.Rahman vs State Of Kerala

High Court Of Kerala · Decided on 30 November 2022

HON’BLE JUDGES
Dr. Kauser Edappagath, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petitions No. 4414 Of 2019

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Judgment

6 paragraphs · 277 words

Dr. Kauser Edappagath, J

1.

This Crl.MC has been filed to quash all further proceedings in CC No. 353/2018 on the files of the Chief Judicial Magistrate Court, Kasaragod. The petitioners are the accused. The offences alleged against them are punishable under Sections 143, 147, 148 , 294(b), 506(ii) r/w 149 of IPC.

2.

The prosecution case in short is that on 13/8/2014 at 1.45 p.m., the petitioners and other known accused arrived in a car near the house of the defacto complainant, abused her in a filthy language and criminally intimidated showing guns and arms.

3.

I have heard the learned counsel appearing for the petitioners as well as the learned Public Prosecutor.

4.

The petitioners and the defacto complainant are closely related. They are members of the same tharavadu. It is evident from the records that there is longstanding dispute between the members of the tharavadu house and there were cases and counter cases. Two other cases, CC Nos. 548/2014 and 122/2015, were pending between the members of the tharavadu. Those cases were quashed by this court.

I went through the entire records. It appears that several cases were registered on account of the dispute between the members of the tharavadu. There are no specific allegations as such to attract the ingredients of the offences alleged. Since the parties are closely related and there are no specific allegations to attract the ingredients of the offences, I am of the view that no purpose will be served in proceeding with the case further. Accordingly, all further proceedings in CC No.353/2018 on the files of the Chief Judicial Magistrate Court, Kasaragod are hereby quashed. Crl.M.C is allowed.