K.T.SIDHEEQUE Vs. SHAMMAS P.P.

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 C.C.No. 209 of 2014 of the Judicial First Class Magistrate Court -II, Kannur, which is a case instituted upon the police report in Crime No. 417/2013 of Mayyil Police Station for the offences punishable under Sections 341, 323, 294(b), 506(1), 452 and 427 read with 34 I.P.C with a prayer to call for the records in CC 209/2014 on the file of the Judicial First Class Magistrate Court -II, Kannur and quash all the proceedings against the petitioners as the matter is settled out of court.

(2.) THE allegation in the above case is that on 26.04.2013 at 6 p.m. when the 1st respondent was proceeding to the mosque, the 1st petitioner restrained him on the road due to the enmity on account of the dispute about the ownership of the house, beaten him on his face and head, thereafter when the 1st respondent proceeded to his house, the petitioners 2 and 3 trespassed into their house and the 2nd petitioner restrained the 1st respondent and the

(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.