The court emphasized the importance of preventing abuse of process of law and considered the nature of the alleged offenses and the existence of serious disputes between the parties in reaching its decision.

JUDGMENT

(Prayer: Criminal Original Petition has been filed under Section 482 Cr.P.C, to call for the records pertaining to the charge sheet in C.C.No.200 of 2015, on the file of the Judicial Magistrate Court No.I, Kuzhithurai, Kanyakumari District and quash the same.)

1.This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records pertaining to the case in C.C.No. 200 of 2015, pending on the file of the Judicial Magistrate No.I, Kuzhithurai and quash the same.

2. The petitioners are the accused 1 to 4 in C.C.No.200 of 2015, on the file of the Court of Judicial Magistrate No.I, Kuzhithurai. On the basis of the complaint lodged by the second respondent, F.I.R., came to be registered in Cr.No.15 of 2015, dated 15.01.2015 against the petitioners herein for the offences under Sections 294(b), 324 and 506(ii) I.P.C. The first respondent, after completing the investigation, has laid the final report under Section 173 Cr.P.C., dated 13.03.2015 against the petitioners for the alleged offences under Sections 294(b), 324 and 506(ii) I.P.C., and the case was taken on file in C.C.No.200 of 2015 and the same is pending on the file of the Judicial Magistrate Court No.I, Kuzhithurai.

3. Admittedly, the second respondent/defacto complainant is the wife of the fourth petitioner/fourth accused, that the first petitioner/first accused is the brother of the fourth petitioner/fourth accused, that the third petitioner/third accused is the wife and the second petitioner/second accused is the son of the first petitioner/first accused. The case of the prosecution is that the defacto complainant has been demanding for a pathway to reach her house for the past ten years from the petitioners, that the second respondent went to give a complaint before the Revenue Divisional Officer and since the Revenue Divisional Officer was not in office, she returned, that the petitioners, on coming to know about the same, on 14.01.2015 at 11.30a.m., had abused the defacto complainant in filthy language, attacked her with rod and caused simple injuries and that all the accused by showing the rod, had caused criminal intimidation.

4. It is not in dispute that for the occurrence alleged to have held at 11.00hours on 14.01.2015, on the basis of the complaint lodged by the fourth petitioner/fourth accused, F.I.R. came to be registered in Cr.No.16 of 2015, dated 15.01.2015 against the second respondent/defacto complainant and one Christhudoss, brother of the fourth petitioner for the offences under Sections 324, 323 and 506(ii) I.P.C.. It is also not in dispute that the first respondent, after completing the investigation, has filed the final report, referring the case as mistake of fact, that the fourth petitioner has then filed a private complaint under Section 200 Cr.P.C. against the second respondent, Christhudoss and the Sub- Inspector of Police of the concerned station for the offences under Sections 427, 447, 323, 324, 506(ii), 294(b) and 188 I.P.C., and that the learned Judicial Magistrate, after conducting enquiry under Section 202 Cr.P.C., has taken cognizance of the case in C.C.No.38 of 2017 and the same is pending on the file of the very same Court of Judicial Magistrate No.I, Kuzhithurai.

5. The case of the fourth accused in Crl.No.16 of 2015 (C.C.No.38 of 2017) is that on 14.01.2015 at about 11.00a.m., the accused therein had trespassed into the land of the fourth petitioner situated in S.No.276/6F and formed a pathway, that when the same was questioned by the fourth petitioner, the first accused had attacked the fourth petitioner with cutting knife on his ears, that the second accused had attacked with a stick on his right knee, that all the accused had attacked him with hands and stick and also kicked again and again and that they have caused criminal intimidation.

6. It is the further case of the fourth petitioner that after suffering injuries, he was admitted in Government Hospital, Kuzhithurai and on intimat