CHERIAN IYPE 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.C. No. 1021/2014 of the Judicial First Class Magistrate Court, North Paravur, which is a case instituted upon the police report in Crime No. 1483/2012 of Vadakkekara Police Station for the offences punishable under Sections. 341, 323 and 324 of I.P.C. with a prayer to quash Annexure A1 charge sheet in Crime No. 1483/2012 of Vadakkekara Police Station and all further proceedings in C.C. No. 1021/2014 on the files of Judicial First Class Magistrate Court, North Paravur as the matter is settled out of court.

(2.) The allegation in the above case is that while the petitioner along with others are playing volley ball, when de facto complainant ran through the court to the other side, the petitioner caught hold of his left hand and pinched on his right thigh. Thereafter when the ball came to the temple pond surroundings, the de facto complainant kicked the ball and at that time the petitioner pressed on his penis, pinched on his left thigh and thereafter beat him with a cassia fistula stick below his left knee and has committed the aforesaid offences and now, the case of the petitioner is that the matter is settled out of court.

(3.) Heard the learned counsel for the petitioner as well as the 2nd respondent. I have also heard the learned Public Prosecutor.