MOHAMMED JAVID 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 petitioner, who is accused in C.M.P No.5372 of the Judicial First Class Magistrate Court - I, Kasaragod, which is a case instituted upon the police report in Crime No. 431/2013 of Kumbala Police Station for the offences punishable under Section 364(A) r/w Section 34 of the I.P.C. with a prayer to quash the proceedings in Crime No. 431/2013 of Kumbala Police Station and pending before the Judicial First Class Magistrate Court - I, Kasaragod as the matter is settled out of court.

(2.) THE allegation in the above case is that on 03.07.2013 at 20:30 hours while the de facto complainant was travelling in a car along with her friends and when they reached at Bambrana village, all the accused including the petitioner in furtherance of their common intention kidnapped the de facto complainant demanding ransom and, thus, they have committed the aforesaid offences and now, the case of the petitioner is that the matter is settled out of court.

(3.) THE learned counsel for the petitioner 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.