Sunil Kumar Karapattom vs State Of Kerala

Bechu Kurian Thomas, J

Petitioner challenges the registration of Crime No.125/2023 of Vellikulangara Police Station, Thrissur District, alleging offences punishable under Sections 324, 448, 447 and 506 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, on 26.02.2023, the accused trespassed into the residence of the defacto complainant and destroyed the window panes and the door of his house and in that process the defacto complainant suffered injuries and thereby the accused committed the offences alleged.

Sri. Gautham Krishna E J, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the crime has been registered as a counter blast to Crime No.123/2023 before the same police station, wherein the defacto complainant’s son had trespassed into the house of the accused herein and caused damages and committed offences under Section 427 and 448 of the Indian Penal Code, 1860. It was further submitted that the allegations in Crime No. 125/2023 are patently false and maliciously instituted. According to the learned counsel, the circumstances warrant invocation of the inherent jurisdiction under Section 482 Cr.P.C to quash the proceedings.

Smt. Sreeja. V, the learned Public Prosecutor opposed the application and submitted that the crime is only at the investigation stage and therefore, the jurisdiction under Section 482 Cr.P.C ought not to be invoked.

From the contentions advanced by the learned counsel for the petitioner, it is evident that Crime No.123/2023 and Crime No.125/2023 could be treated as case and counter case. However, this Court cannot, at this stage of the proceedings, arrive at a conclusion as to whether the allegations are false or not.

Further the jurisdiction under Section 482 Cr.P.C can be invoked to quash an FIR only in exceptional circumstances. No such exceptional circumstances are brought out, despite the vehement contentions raised by the learned counsel for the petitioner.

Hence, there is no merit in this criminal miscellaneous case and it is dismissed.