PRADEEPA. A Vs. GEETHA.M

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 and 2 in C.C.No. 701/2014 of the Judicial First Class Magistrate Court, Payyannur, which is a case instituted upon the police report in Crime No. 372/2014 of Payyannur Police Station for the offences punishable under Sections 341,323, 324,354,354A,294(b) read with Section 34 of I.P.C. with a prayer to quash Annexure I final report and all further proceedings in C.C.No.701/2014 on the file of the Judicial First Class Magistrate Court, Payyannur in Crime No.372/2014 of Payyannur Police Station as the matter is settled out of court.

(2.) THE allegation in the above case is that on 5.4.2014 at 15.00 hrs. while the de facto complainant, her husband and son travelling in a car to join a marriage function at Mukkam in Kozhikode, and when they reached at Kaivellur, the accused persons unlawfully restrained them and abused in filthy language and attacked them etc. and thereby the accused outraged the modesty and committed the offences punishable under Sections 341,323, 324,354,354A,294(b) read with Section 34 of I.P.C. 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.