MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner faces prosecution under Ss. 294(b), 323, 324, 427 and 506 of the Indian Penal Code. A crime was registered against the petitioner as Crime No.62 of 2023 of Mannanthala Police Station, Thiruvananthapuram, alleging commission of offences under the aforesaid provisions of law. The matter is now pending as C.C.No.113 of 2023 on the file of the Judicial First Class Magistrate Court-V (Special Court for Mark list cases), Thiruvananthapuram.

(2.) The allegation is that the petitioner being the land lord of the third respondent/defacto complainant with an intention to cause her physical hurt and to commit assault on her for keeping a pet dog, trespassed into the compound and threatened the defacto complainant and that by seeing the defacto complainant recording the incident on her mobile phone, the petitioner hit on her hand by using a weapon he carried with him and caused hurt on her by hitting on her head with his hands on 25/1/2023 at 11.30 a.m. and thereby, the petitioner committed the offences alleged against him.

(3.) The learned counsel appearing for the petitioner would submit that the entire disputes between the petitioner and the defacto complainant (third respondent) have been settled, as is evident from Annexure-A3 fresh affidavit dtd. 20/10/2023 executed by the third respondent/defacto complainant. It is submitted that no useful purpose would be served in continuing with the prosecution against the petitioner in the light of the settlement of all issues between the petitioner and the third respondent/defacto complainant.