PRADEEP KUMAR V.L 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 Annexure.A1 and all further proceedings in C.C. No.194/2023 on the files of the Judicial First Class Magistrate Court-II, Mananthavady, arose out of Crime No.80 of 2023 of Mananthavady Police Station, Wayanad. The petitioner herein is the accused in the above case.

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

(3.) In a nutshell, the prosecution allegation is that, the accused herein committed offences punishable under Ss. 323 and 354 of the Indian Penal Code [hereinafter referred as 'IPC' for short]. The specific case of the prosecution is that, on 25/1/2021 there was a mediation at the office of a document writer in connection with certain documents procured by the accused, while he was working as a staff in the firm run by the defacto complainant and her husband. The specific allegation is that, while the discussion was going on, at about 1.40 hours, the accused, who sat infront of the defacto complainant taken a plastic stool by using his legs and this time the shoes of the accused hit on the left knee of the defacto complainant and thereby she sustained pain. Since the defacto complainant thought that it was not intentional, she forgave the same. But, thereafter the accused intentionally kicked on the left foot of the defacto complainant with shoes he wore and thereby she suffered pain and there was swelling. Then, she moved towards her husband. Later, the accused became furious towards the defacto complainant and her husband and he went out. When the defacto complainant moved towards the door, the accused entered into the office and pressed on her breast and pushed her aside, infront of her husband and other mediators. This is the context on which the prosecution alleges commission of the above offences by the accused.