Important points:
The very initiation and finalisation of the impugned criminal proceedings at Annexure-A3 and Annexure-A4 is rather unreasonable, arbitrary and improper to say the least.

ORDER :

1. The prayer in the aforecaptioned Criminal Miscellaneous Case filed on 06.04.2016, under Section 482 of the Code of Criminal Procedure (Cr.P.C.) is as follows:-

“.........to quash Annexure A3 FIR in Crime No. 2267/2015 of the Kannur Town Police Station, Kannur.”

2. The challenge made in the aforecaptioned criminal miscellaneous case filed under Section 482 of the Code of Criminal Procedure is directed as against the impugned criminal proceedings, on account of Annexure A3-First Information Report (FIR), in Crime No. 2267/2015 of Kannur Town Police Station, which has been registered suo-moto by the said police station on 09.12.2015, in which the petitioner herein has been arrayed as the sole accused for the offence punishable under Section 117(d) of the Kerala Police Act, 2011.

3. It appears that, though Annexure A3-FIR has been registered only on 09.12.2015, the police has completed the investigation with lightning speed and has filed Annexure A4- Final Report/Charge Sheet on 10.12.2015, in which the petitioner has been arrayed as the sole accused for the said offence as per Section 117(d) of the Kerala Police Act, 2011.

4. The petitioner would point out that as a matter of fact Annexure A4-Final Report/Charge Sheet, which is dated on 10.12.2015 was never filed before the jurisdictional Magistrate concerned (Judicial First Class Magistrate Court-I, Kannur, either on 10.12.2015 or on immediately thereafter but has been filed for the first time before the said court only on 26.07.2017, as can be seen from the seal of the Magistrate court. It is only later that the learned Magistrate has taken cognizance of the offences alleged in Annexure A4-Final Report/Charge Sheet on 09.01.2018, as can be seen from the seal affixed therein, and the case is now said to be pending as Calendar Case, C.C. No. 379/2018, on the file of the Judicial First Class Magistrate Court-I, Kannur.

5. The brief of the allegations in Annexure A3-FIR as can be seen from Column No. 12 thereof is as follows:

Others Language

6. The said Annexure A3-FIR has been registered suo-moto by the Kannur Town Police authorities, as can be seen from the last page of Annexure A3-FIR (dealing with the contents of the said FIR), which reads as follows:

Others Language

7. A reading of Annexure A3-FIR, more particularly, he last page thereof would make it clear that the allegations raised against the petitioner in Annexure A3-FIR is to the effect that earlier at the instance of the petitioner, she had filed Annexure A1-First Information Statement (FIS), which led to the registration of Annexure A1-FIR in Crime No. 523/2014 of Kannur Town Police Station, in which her husband (R1 herein) has been arrayed as the sole accused therein for offence punishable under Section 498A, 406, 468 and 471 of the Indian Penal Code (IPC). That the petitioner as the de-facto complainant in Annexure A1 had given a statement before the Civil Police Officer concerned, SPCO 4972, on 04.04.2014, raising the allegations in Annexure A1-FIS as against her husband. Further, the case is that later, the police conducted investigation in Annexure A1-FIR in which the petitioner herein is the defacto complainant and her husband (R1) herein is the accused and that the police had allegedly found that the allegations are false and accordingly submitted Annexure A1-refer report before the Judicial First Class Magistrate Court-I, Kannur, in respect of the said Annexure A1 Crime No. 523/2014 of Kannur Town Police Station. The further case of the police in Annexure A4-Final Report/Charge Sheet in the present impugned criminal proceedings is that the petitioner herein as de-facto complainant had given false statement to the Police by way of FIS, which led to the registration of Annexure A1-FIR and that the said false statement was given by the petitioner/de-facto complainant in Annexure A1-FIR only to mislead the police, and to take action against her husband, who had earlier given a complaint to the police, which was tr