RAISAL C.H. 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 the sole accused in Crime No.355/2014 of Chakkarakkallu Police Station, for the offences punishable under Sections 447,341,323 and 354 of I.P.C. with a prayer to quash Annexure A FIR in Crime No.355/2014 of Chakkarakkallu Police Station pending on the file of the Chief Judicial Magistrate, Thalassery as the matter is settled out of court.

(2.) THE allegation in the above case is that the accused and his mother Sainaba, who are the close relatives of the de facto complainant, on 19.4.2014 at about 11 a.m. trespassed into her compound and hit her in her chest and pushed her down and thereby, the accused has 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 crime, the matter is settled amicably between the parties to the dispute which is the subject matter of the above crime. Therefore, the continuation of the proceedings in the above crime is abuse of process of law and proceedings.