ALEXANDER LUKE @ LUKOSE 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 Nos.1 to 3 in Crime No.929/2014 of Pooyappally Police Station for the offences punishable under Sections 452, 341, 323 and 324 r/w Section 34 of the I.P.C. with a prayer to quash all further proceedings against the petitioner/ accused in Annexure A1 F.I.R in Crime No. 929/2014 of Pooyappally Police Station now pending before the Judicial First Class Magistrate Court - II, Kottarakara as the matter is settled out of court.

(2.) THE allegation in the above case is that on 20.07.2014 at 8:30 p.m due to a dispute between the 5th respondent/ de facto complainant's son Saji and the 3rd petitioner/3rd accused regarding money transaction, the petitioners trespassed into their house and assaulted him, and when the respondents 3 & 4 tried to protect him the 1st accused assaulted the de facto complainant with an unknown weapon and thereby she sustained a minor injury on her forehead. It is also alleged that the 1st petitioner assaulted the 4th respondent with a wooden piece. It is further alleged that the 2nd accused twisted the hand of the de facto complainant's grand son and he suffered pain and thus, the accused have committed the aforesaid offences and now, the case of the petitioners is that the matter is settled out of court.

(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.