MITHUN SHAMSUDDEEN Vs. P.T. KRISHNAN AND ORS.

JUDGEMENT

(1.) Crl MC No. 3144/2015 was filed by the original fifth accused in CC No. 283/2013 while Crl MC No. 3695/2015 was filed by the fourth accused in the same case pending before the Judicial First Class Magistrate Court -V, Kozhikode for quashing the proceedings under Sec. 482 of the Code of Criminal Procedure. The common case of both the petitioners is that first respondent filed a private complaint against five accused persons alleging commission of the offences under Ss. 143, 144, 149, 447 and 427 of the Indian Penal Code.

(2.) The case of the complainant in the complaint was that the accused persons formed themselves into an unlawful assembly and criminally trespassed into the property of his wife and widened the existing road by causing damage to the property. After taking evidence, the Court below had taken cognizance of the case as against all the accused persons originally as CC No. 283/2013 for the offences under Ss. 143, 144, 149, 447 and 427 of the Indian Penal Code. Since no steps were taken for service of summons as against the original third accused viz. Assain Master, the complaint against him was dismissed by the Trial Court and it was re -filed as CC No. 1496/2014 as against remaining accused persons. It is also averred in the petition that in respect of the same incident, a civil suit was filed by the wife of the complainant as OS No. 154/2010 before the Additional Munsiff Court -II, Kozhikode and as per Annexure -4 judgment, the civil suit was dismissed. No appeal has been preferred against the same and that has become final. Since the civil suit filed by the wife of the petitioner has been dismissed on the basis of the evidence, proceeding with the above case is nothing, but an abuse of process of Court and they prayed for quashing the proceedings as against them by filing the above petitions.

(3.) Heard the Senior Counsel Shri. Ramesh Chander, counsel appearing for the petitioner in Crl MC 3144/2015 and Shri. Salil Naryanan K. A. counsel appearing for the petitioner in Crl MC 3695/2015 and Shri. S. Nirmal counsel appearing for the 1st respondent in both cases and Smt. Seena Ramakrishnan learned Public Prosecutor appearing for the 2nd respondent in both cases.