MIDHUN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.c. has been filed seeking to quash the entire further proceedings against the petitioner in C.C.No.2143/2020 on the file of Judicial First Class Magistrate Court, Chalakkudy.

(2.) The prosecution case is that on 30/05/2020 at 8.00 p.m., the accused peeped to the house of the defacto complainant. On seeing this, the husband (CW2) of CW1, the defacto complainant questioned the accused. Out of that enmity, accused abused them using filthy words and also assaulted and twisted the hand of CW2. On seeing the same, when CW3 tried to intervene, she was also assaulted. Thereby accused committed the offence punishable under Sections 323 and 294(b) of Indian Penal Code.

(3.) According to the learned counsel, this case has been registered as a counter to the case filed by petitioner against the husband of CW1, who has been cited as CW2 in the charge. According to him, the real incident is that, on 30.02.2020 at about 9.03 p.m., CW2, who is the husband of the defacto complainant and CW3 were consuming liquor in a car parked in front of the house of the petitioner. When the petitioner questioned the same, they attacked the petitioner with a wooden stick and hands and the petitioner sustained injury and was admitted in the hospital on the very same day. Crime No.826/2020 of Mala police station was registered in connection with that and copy of the final report is produced as Annexure-2. Annexure-4 is the discharge summary of the petitioner which would show that the petitioner was admitted in the hospital on 30/05/2020 at about 11.55 p.m.