MUHAMMED HUSSAIN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Calendar Case, C.C.No. 63/2015 on the file of the Judicial First Class Magistrate's Court-II, Perinthalmanna, which has arisen out of Crime No.668/2014 of Melathur Police Station, registered for offences punishable under Secs.452 and 362 of the I.P.C.

(2.) The brief of the prosecution case is that on 11.11.2014 at about 17 Hours, the petitioner accused had trespassed into the house of the defacto complainant and attacked her with a wooden stick. The Police, after investigation has submitted the impugned Anx.I final report/charge sheet in Crime No.668/2014 of Melathur Police Station, which has led to the institution of aforementioned C.C.No. 63/2015 on the file of the Judicial First Class Magistrate's Court-II, Perinthalmanna. After trial, the petitioner has been convicted as per Anx.II judgment dated 28.3.2019 of the Judicial First Class Magistrate's Court-II, Perinthalmanna, in C.C.No.63/2015 and he has been sentenced to undergo rigorous imprisonment for a period of 2 1/2 years and to pay fine of Rs.10,000/- and in default thereof, to undergo rigorous imprisonment for a period of 3 months under Secs. 326 and 452 of the I.P.C . Aggrieved by the abovesaid conviction and sentence, the petitioner has filed Crl.Appeal No.82/2019 before the Sessions Court, Manjeri. It is stated the Sessions Court has now suspended the impugned sentence as per Anx.III order dated 25.4.2019 in Crl.M.P.No.956/2019 in Crl.Appeal No. 82/2019. The abovesaid impugned criminal proceedings have been set in motion on the basis of the complaint/first information statement of the 2 nd respondent lady defacto complainant.

(3.) It is now stated that the disputes between the petitioner accused and the 2nd respondent defacto complainant have now been settled due to the intervention of the mediators and well-wishers, etc. and the 2nd respondent has sworn to Anx. IV affidavit dated 21.5.2019 stating about the factual aspects of the settlement and that she does not intend to continue the prosecution any further and that she has no objection in the quashment of the impugned criminal proceedings as against the petitioner and for the consequential setting aside of the conviction and sentence imposed on the petitioner by the learned Magistrate, etc.