SHAJIN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE above petition is filed under Section 482 of the Criminal Procedure Code (for short 'Cr.P.C.') at the instance of the petitioners, who are accused in C.C.No.114/2009 of the Judicial First Class Magistrate Court-I, Attingal which is a case instituted upon the police report for the offences punishable under Sections 324, 326 and r/w Section 34 of I.P.C., with a prayer to quash all further proceedings as against the petitioners in Annexure-A final report pending as C.C.No.114/2009 on the file of the Judicial First Class Magistrate Court-I, Attingal as the matter is settled out of court.

(2.) THE allegation in the above case is that due to enmity that CW1 failed to extend the width of pathway through which the accused persons has easement right, on 4/7/2008 at 5.30 p.m., the accused persons with a common intention to cause grievous hurt to CW1, A1 hit CW1 with a iron pipe at his cheek by which he sustained mandible fracture and dislocation to teeth's. When CW1 fell down, A2 using a stick hit CW1 at his back of body and right leg by which he sustained fracture on patella bone. A3 hit at the head of CW1 with a stick. It is also alleged that on seeing it, CW2 came to the spot. At that instance A3 beat her with a stick. Thus, according to the prosecution, the accused has committed the offences punishable under Sections 324, 326 and r/w Section 34 of I.P.C. Now, the case of the petitioners is that the matter is settled with the second respondent the defacto complainant and the injured, who is the 3rd respondent, who respectively sworn into Annexures-B and C affidavit.

(3.) THE learned counsel for the petitioners submitted that during the pendency of the above case, the matter is settled amicably between the parties to the dispute which is the subject matter of the above case. Therefore, the continuation of the proceedings in the above case is abuse of process of law and proceedings.