The High Court of Kerala quashed criminal proceedings against the accused petitioner, holding that the case was maliciously instituted by the complainant with an ulterior motive of wreaking vengeance, violating the principles of Section 482 Cr.P.C.
All further proceedings in C.C.No. 863/2017 are quashed and the Criminal Miscellaneous Case is allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 5TH DAY OF DECEMBER 2022 / 14TH AGRAHAYANA, 1944
CRL.MC NO. 3566 OF 2019
AGAINST THE ORDER/JUDGMENTCC 863/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, OTTAPPALAM
PETITIONER/ACCUSED:
UNNIKRISHNAN AGED 64 YEARS S/O. RAMATHARAKAN, PUTHANVEETTIL, VELLINEZHI, OTTAPALAM, PALAKKAD BY ADVS. S.RAJEEV K.K.DHEERENDRAKRISHNAN V.VINAY D.FEROZE ANAND.K
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 (CRIME NO.316/2017 OF CHERPULASSERY POLICE STATION, PALAKKAD DISTRICT). ADDL. R2 SUGUNA W/O.UNNIKRISHNAN,VETTATH HOUSE, VELLINEZHI, CHERUPULASSERY, PALAKKAD,, PIN – 679503 ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 29.052019 IN CRL.M.A NO. 2/2019. BY ADVS. S.RENJITH SRI.K.R.PRATHISH
OTHER PRESENT:
SRI C N PRABHAKARAN-SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.3566 of 2019
O R D E R
Dated this 5th December, 2022
This Crl.M.C has been filed to quash all further
proceedings in C.C.No.863/2017 on the file of the Judicial Magistrate of First Class, Ottappalam.
the petitioner, Sri. Renjith, the learned counsel for the 2nd respondent and Sri.C.N.Prabhakaran, the learned Senior Public Prosecutor.
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Crl.M.C.No.3566 of 2019 - : 4 : -
involved in the incident and since, she entertained vengeance against him, his name was also disclosed in the FIS. Thus, it is clear that what was stated by the 2nd respondent in the FIS as well as in the first 161 statement, was false or rather not fully correct. It is also pertinent to note that on the next day of the incident, the 2nd respondent gave a complaint before the Women's Commission, Palakkad. Interestingly, the allegation in the said complaint was only against the son of the petitioner. There was no allegation at all against the petitioner. Thus, the 2nd respondent gave three different versions in the FIS, in the second 161 statement as well as in the complaint given to the Women's Commission. She has also admitted that in order to wreak vengeance against the son of the petitioner, he was falsely implicated in the FIS. It has come out on record that, there is long standing dispute between the petitioner and the 2nd respondent.
600], the apex court considered in detail, the scope of the High Court's power under Section 482 of Cr.P.C. and/or
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under Article 226 of Constitution of India, to quash the FIR. It was held inter alia that where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge, Section 482 could be invoked and the proceedings can be quashed.
would clearly show that the crime registered against the petitioner at the instance of the 2nd respondent was maliciously and falsely instituted. Hence, no purpose will be served by allowing the criminal prosecution against the petitioner to continue.
Accordingly, all further proceedings in C.C.No . 863/2017 on the file of the Judicial Magistrate of First Class, Ottapalam, are hereby quashed and the Crl.M.C is allowed.
Sd/- KAUSER EDAPPAGATH JUDGE.
TR
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APPENDIX OF CRL.MC 3566/2019
PETITIONER ANNEXURES Annex-I TRUE COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT BEFORE THE HON'BLE WOMEN'S COMMISSION, PALAKKAD, DATED 0105-2017 ANNEXURE I CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.316/2017 OF CHERPULASSERY POLICE STATION, PALAKKAD DISTRICT. ANNEXURE II TRUE COPY OF THE FIRST INFORMATION REPORT ALONG WITH FIRST INFORMATION STATEMENT IN CRIME NO.316/2017 OF CHERPULASSERY POLICE STATION, PALAKKAD DISTRICT.
3 issues framed by the court
Whether the criminal proceedings instituted by the complainant against the petitioner were maliciously and falsely based on ulterior motives.
Whether the offence was manifestly attended with mala fide warrants quashing under Section 482 Cr.P.C.
If the criminal proceeding should be allowed to continue given the false nature of the allegations.
Colour shows how this judgement treated each authority
State of Haryana V. Bhajan LalExplained¶29
State of Haryana V. Bhajan Lal [1992 KHC 600]
2 provisions across 2 enactments
UNNIKRISHNAN
STATE OF KERALA
SUGUNA
KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
