ORDER

Dated this the 11^th day of February, 2025

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure , 1973, by the petitioners, who are accused Nos.1 to 3 in C.C.No.543/2022 on the files of the Judicial First Class Magistrate Court-II, Kochi, and the prayer herein is as under:

To quash Annexure-I, C.C.No.543/2022 before the Judicial First Class Magistrate-II, Kochi (Initially numbered as C.M.P.No.3031/2021) and Annexure-VIII order.

2. Heard the learned counsel for the petitioners and the learned counsel appearing for the 2^nd respondent/de facto complainant. Also heard the learned Public Prosecutor.

3. The prosecution come forth when Annexure 1 complaint was lodged by the 2^nd respondent before the Judicial First Class Magistrate - II, Kochi. The allegation in the complaint is that, the accused herein criminally trespassed upon the house belonged to the complainant, which was obtained on the strength of a gift deed on 11.10.2021, after breaking of its door in the absence of the complainant, who is the 2^nd respondent and her husband. The learned Magistrate proceeded with Annexure 1 complaint and recorded the sworn statements of the complain