IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Crl.MC.No. 3861 of 2011() CRIME NO. 125/2011 OF THE KARUVARAKUNDU POLICE STATION, MALAPPURAM DISTRICT ----------------------------------- PETITIONER(S): ACCUSED -------------------------------------- PAUL M.P., S/O.M.M.PAULOSE, AGED 39, MANCHAPPELLIL HOUSE, KALKUNDU POST, KARUVARAKUNDU, MALAPPURAM DISTRICT. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENT(S): COMPLAINANT ------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. ROSAMMA, W/O.M.M.PAULOSE, AGED 74 YEARS, MANCHAPPALLIL HOUSE, KALKUNDU POST, KARUVARAKUNDU, MALAPPURAM DISTRICT. PIN - 676523. 3. THE DEPUTY SUPERINTENDENT OF POLICE, PERINTHALMANNA, MALAPPURAM - 676523 R1 & R3 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN R2 BY ADV. SRI. BENHUR JOSEPH MANAYANI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SD CRMC NO. 3861/2011 APPENDIX PETITIONER(S) EXHIBITS ANNEXURE-A1 CERTIFIED COPY OF THE FIR IN CRIME 125 OF 2011 OF THE KARUVARAKUNDU POLICE ANNEXURE-A2 SITE MAP SKETCH PREPARED BY THE VILLAGE OFFICER. ANNEXURE-A3 REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT BY THE 2ND RESPONDENT PRAYING FOR WITHDRAWAL OF THE COMPLAINT AGAINST THE PETITIONER RESPONDENTS' EXHIBITS NIL // TRUE COPY // P.A. TO JUDGE SD N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3861 of 2011 ----------------------------------- Dated this the 22nd day of December 2011 O R D E R Petitioner is arrayed as accused in Crime No.125/2011 of Karuvarakundu Police Station, Malappuram District. A complaint was filed by his mother alleging that their house was set fire to by her son who is the petitioner herein. It is submitted by the learned counsel for the petitioner that such a complaint happened to be filed by the mother based on the hear-say information given by her daughter. It is also submitted that there was property dispute among the family members and that was one of the reasons for his sister to persuade her mother to file such a complaint. It is further submitted that mother (the complainant) subsequently realised the fact that the petitioner was no way responsible for the alleged mischief. It is also submitted that what was set fire to is not actually a house. Crl.M.C. No.3861 of 2011 -: 2 :- According to the petitioner, mother-the complainant who is the 2nd respondent herein has filed a statement before the 3rd respondent – Dy.S.P., Perinthalmanna explaining these circumstances and stating that her son (petitioner herein) is not responsible. 2. The prosecution has no case that there is any eye witness to the occurrence to prove that the accused set fire to the building/house mentioned in the charge sheet. Learned counsel appearing for the accused and for the mother (complainant) would say that it was only because of a misconception of fact and also because of the dispute among the family members that prompted the complainant to file the complaint and that now, the entire family dispute has been settled and so the case against the accused may be quashed. In view of the fact that there is no eye witness to the occurrence and in view of the factors mentioned earlier and that the complainant and her husband who is suffering from cancer are being looked after by the Crl.M.C. No.3861 of 2011 -: 3 :- accused/petitioner herein, I find that further proceeding in the aforesaid crime would be an abuse of process and hence this petition is to be allowed. In the result, this Crl.M.C. is allowed. Proceeding against this petitioner in Crime No.125/2011 of Karuvarakundu Police Station, Malappuram District is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt