T. Murugan vs The Inspector of Police

P. Devadass, J.—This Petition has been filed by the sole Accused, namely, Murugan to quash the FIR in Crime No.40 of 2011, registered by the First Respondent under Sections 452 & 294(b), I.P.C.

The learned Counsel for the Petitioner would contend that even taking the allegations as such in the FIR, they do not disclose the offences Complained of.

The learned Counsel would further submit that the Complaint is motivated. It is only intended to implicate the Petitioner in view of a Civil/property dispute between both sides.

The learned Government Advocate (Criminal side) submitted that the investigation has been completed and Final Report also has been filed before the concerned Magistrate. However, there is no further information as to whether cognizance has been taken thereon and C.C. number has been given.

Even if cognizance has been taken, this Court under Section 482, Cr.P.C. can exercise its inherent jurisdiction to do justice between the parties.

As and when it is stated that the investigation has been completed and Final Report has been filed. FIR is not quashed. But invariably such a course cannot be adopted in certain circumstances.

Actually under Section 482, Cr.P.C, it is not conferment of power, but confirmation of already existing power in the High Court. Such an inherent power has been granted in the old Code of Criminal Procedure, 1898. Before that even during the pre-colonial period, the Courts possessed, the power ''to do justice and prevent injustice''. Such a power having been possessed by the Court continued to be carried on in the Old Code, so also in the New Code. The theme behind Section 482, Cr.P.C. is, no Code of procedural law will be complete. A substantive law must be complete. But a procedural law could not be complete because some new situation may arise. After all, procedures are hand maid of justice anil not justice itself.

If we properly analyse Section 482, Cr.P.C., it has three dimensions. One to implement the Orders passed under the Criminal Procedure Code. Second, to prevent abuse of process of any Court and third to meet the ends of justice. Thus Section 482, Cr.P.C enables the High Court to do justice and also prevent injustice. So, it is ''to do justice'' and it is ''to undo injustice''.

Now, after hearing the learned Counsel for the Petitioner and the learned Government Advocate and perusing the allegations in the FIR, I am satisfied that there is abuse of process of the Court. In such circumstances, when the prosecution has no legs to stand it would be waste of public time. In such a case, if the Accused is compelled to undergo the ordeal of a Criminal trial, eventually it would end in a failure. In such circumstances, at any stage of a case, to do justice, this Court can interfere (See State of Haryana v. Bhajanlal & others, 1992 Supp. (1) SCC 335).

In Nalini v. State, 1993 LW (Crl) 606, I have taken the extreme step to quash the entire Criminal proceedings in a calender case even after the commencement of the trial, when I was convinced that proceeding further is abuse of the process of the Court.

When such is the position, now in the instant case, the learned Counsel for the Petitioner having satisfied this Court that the entire fabric in which the texture of the FIR has been woven, is riddled with many wholes. I think even at this stage of the case we can quash such Criminal proceedings.

In the instant case the Complainant alleges that on the east of Panchayat Union Office, the property comprised in Survey No. 711 belongs to his wife Alaguduraichi is situate and on the occurrence day (specific date not given), the Accused/Petitioner and others have trespassed into the property, they have put up a tin shed and when his relatives have questioned them, they have scolded them and drove them away. Already they are having property dispute. On these allegations, FIR has been registered for offences under Sections 452 & 294(b), I.P.C.

Section 452, I.P.C. is a penal provision to punish a person, who commits house trespass after making some preparation. As per Section 441, I.P.C., if a person enters upon another man''s property with intention to insult or annoyance of other, it is Criminal trespass. So far as ''House Trespass'' under Section 452, I.P.C. is concerned, the Criminal trespass should have been committed in a building like structure, tent, vessel, place of worship and a place used for human habitation. Now, in this case in the Complaint itself the allegations is that the Petitioner had committed Criminal trespass in S. No.711, a vacant land. Therefore, prima facie the Complaint does not disclose an offence under Section 452, I.P.C.

The other allegation is that when his relatives questioned the Petitioner and his supporters, they have scolded them and drove them away. On these allegation, an offence under Section 294(b), I.P.C. has been included in the FIR.

An offence under Section 294(b), I.P.C. is to punish those, who sing, recite, utter, ballands or words which are obscene in nature near a public place. In this case, in the FIR, there is vague allegation, ''scolded'' alone is there. Thus the allegations in the FIR do not disclose an offence under Section 294(b), I.P.C.

In the circumstances, continuing the prosecution would be an abuse of process of the Court. Further, when there is no prima facie allegations, disclosing the offences alleged and based on such an FIR if the Petitioner is directed to undergo the ordeal of Criminal trial, it would be travesty of justice. In such circumstances, to meet the ends of justice, this Court can interfere under Section 482, Cr.P.C.

In view of the foregoings, this Court is of the view that the registration of the FIR in Crime No.40 of 2011 and the proceedings commenced in investigation and culminated into a Final Report are all required to be quashed.

In the circumstances, the FIR registered in Crime No. 40 of 2011 as well as all the subsequent Criminal proceedings are quashed.

Accordingly, the Criminal Original Petition is disposed of. Consequently, connected M.P.(MD) No. 1 of 2014 is closed.