STANLY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the accused in the case C.C.No.478/2015 pending before the Court of the Judicial First Class Magistrate-I, Neyyattinkara. The petition is filed to quash the entire proceedings against them in the case, by invoking the power of this Court under Section 482 of the Code of Criminal Procedure, 1973.

(2.) The case against the petitioners has been initiated on the basis of the first information statement given to the police by the second respondent in which she alleged that the petitioners and some other persons had trespassed into her property and threatened her and that they committed theft of some trees from the property. Annexure-A1 first information report was registered in the matter on the basis of the aforesaid statement. After completing the investigation of the case, Annexure-A2 final report (charge sheet) was filed against the petitioners for the offences punishable under Sections 447, 379 and 506(i) read with 34 I.P.C. The learned Magistrate has taken cognizance of the aforesaid offences and numbered the case as C.C.No.478/2015.

(3.) The prayer in this petition is to quash the entire proceedings in the case against the petitioners. It is stated that the petitioners and the second respondent have amicably settled the matter and that continuation of the proceedings against the petitioners would be an abuse of the process of the court.