THANKACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is accused in Crime No.47 of 2009 of Karimkunnam Police Station and C.C.No.334 of 2009 of the court of learned Judicial First Class Magistrate-I, Thodupuzha facing trial for offences punishable under Sections 447 and 427 of the Indian Penal Code (for short, "the Code"). Case is that on 13.02.2009 petitioner trespassed into the six cents belonging to respondent No.2 and others concerning which there was a sale agreement executed between the brother of respondent No.2 and petitioner. Respondent No.2 is said to have received Rs.50,000/- as advance sale consideration from the brother of petitioner. It is alleged that petitioner trespassed into the said property and cut down the trees. Respondent No.2 filed Annexure-A, private complaint on 21.02.2009 which was forwarded to the Police for investigation under Section 156(3) of the Code of Criminal Procedure. Police after investigation submitted final report based on which learned Judicial First Class Magistrate-I, Thodupuzha has taken cognizance against petitioner for offences punishable under Sections 447 and 427 of the Code and filed C.C.No.334 of 2009. PETITIONER now seeks to quash the proceedings against him.

(2.) I have heard learned counsel for petitioner, respondent No.2 and the learned Public Prosecutor. It is submitted by learned counsel for petitioner and respondent No.2 that the matter is settled between the parties outside court.