IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 Crl.MC.No. 3861 of 2010() ------------------------- CC.872/2008 of JUDL.MAGISTRATE OF FIRST CLASS, HARIPAD MC.104/2009 of SUB DIVISIONAL MAGISTRATE, CHENGANNUR .................... (CRIME NO.511/2009 OF KAREELAKULANGARA POLICE STATION) ........ PETITIONER(S): ACCUSED: ----------------------------------------- GOPALAKRISHNA PILLAI, AGED 70 YEARS, S/.OSANKARAN NAIR, AYYAPALAYAM HOUSE, EVOOR NORTH, CHEPPAD VILLAGE, ALAPPUZHA. BY ADV. SRI.G.PRIYADARSAN THAMPI RESPONDENT(S): COMPLAINANT: --------------------------------------------------- THE SUB INSPECTOR OF POLICE, KAREELAKULANGARA POLICE STATION, ALAPPUZHA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3861 OF 2010 --------------------------------------------- Dated 20th September, 2010 O R D E R Petition is filed under Section 482 of Code of Criminal Procedure to quash all further proceedings in M.C.104/2009 on the file of Sub Divisional Magistrate, Chengannur initiated under Section 107 of Code of Criminal Procedure on Annexure-A5 final report submitted by the Circle Inspector of Police, Kureelakulangara. Petitioner would contend that though proceedings were initiated, based on two criminal cases mentioned in Annexure-A5 report both cases were settled subsequently and the said cases arose due to boundary disputes and in such circumstances, continuation of the proceedings is only Crmc 3861/10 2 an abuse of process of the court and it is to be quashed. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure-A5 final report submitted by Circle Inspector before Sub Divisional Magistrate, based on which proceedings under Section 107 of Code of Criminal Procedure was initiated reveals that allegations raised against the petitioner do not justify initiation of the proceedings under Section 107 of Code of Criminal Procedure. It is clear from Annexure-A5 that it was only based on crime No.156/2007, registered for the offences under Sections 447 and 427 read with Section 34 of Indian Penal Code the proceedings under Section Crmc 3861/10 3 107 was initiated. Annexures-A1 and A2 establish that, C.C.872/2008 taken cognizance for the offences under Sections 447 and 427 read with Section 34 of Indian Penal Code in crime No.332/2008 was settled and the accused were acquitted as offences were compounded. Annexures-A3 and A4 establish that C.C.953/2008 taken cognizance for the offences under Sections 341 and 323 read with Section 34 of Indian Penal Code in crime No.156/2007 was also settled and the accused were acquitted as the offences were compounded. In the light of Annexures-A1 to A4, continuation of the proceedings under Section 107 of Code of Criminal Procedure is only an abuse of process of the Court as there is no material to show that there is any likelihood of breach of peace Crmc 3861/10 4 or tranquility warranting initiation of proceedings under Section 107 of Code of Criminal Procedure. Petition is allowed. M.C.104/2009 pending before Sub Divisional Magistrate, Chengannur is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.