BENNY MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings in C.C. No.687/2023 on the files of the Additional Chief Judicial Magistrate Court, Ernakulam. The petitioners herein are the accused in the above case.

(2.) Heard the learned counsel for the petitioners and the learned Public Prosecutor, in detail. Also heard the learned counsel appearing for the defacto complainant. Perused the relevant materials available.

(3.) In this matter, the prosecution alleges commission of offence punishable under Sec. 430 read with 34 of the Indian Penal Code, by the accused. Initially as on 24/9/2023, the FIR was registered on the basis of the FIS lodged by the defacto complainant, who is residing on rent in one of the flats in RDS Retreat Apartments, Ernakulam. The prosecution allegation is that, the accused herein who are the President, Secretary and Treasurer of the RDS Retreat Apartments Owners Welfare Association, disconnected the water supply to the rental flat, where the defacto complainant has been residing for the last 15 years and thereby her basic amenities for drinking water and to do cooking etc. were denied.