Point of Law: Exercise of inherent powers to quash proceedings is called for only in a case where complaint does not disclose any offence or is frivolous, vexatious, or oppressive.

ORDER :

1. This petition under Section 482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity) is preferred, challenging the proceedings in Crime No. 254/2023 of the Cheranalloor Police Station. The aforesaid crime has been registered against the petitioner at the instance of the 3rd respondent under Sections 406, 420 and 506 of the IPC.

2. Facts in brief:

On 3.3.2023, a complaint was lodged at Cheranalloor Police Station by the complainant/3rd respondent against the petitioner, an Advocate with about two decades standing at the Bar. The complainant, in his complaint, alleges that his estranged wife engaged the petitioner as her advocate to represent her in the various disputes between them. These litigations were scattered across various courts, including one at the Judicial Magistrate of First Class in Aluva, while the others were at the Family Court of Ernakulam. It is specifically alleged that the petitioner offered to take a beneficial position in favor of the complainant in return for a payment of Rs.10 lakhs. Additionally, there was a covert threat suggesting that the complainant’s passport would be blocked, hindering his overseas employment, if he did not comply. On 15/12/2013, at about 7:30 am, the complainant alleges that he went to the residence of the petitioner and handed over a sum of Rs.5 lakhs, and the said transaction was witnessed by the wife of the petitioner. The complainant states that he firmly believed that cases instituted against him by his wife would be withdrawn and the payment made by him would be handed over to his wife. However, only one case - the one pending before the Judicial Magistrate - was withdrawn. He later realized no such payment was made to his wife, and according to him, the petitioner defrauded him. The complainant explained the 10-year lag in lodging the complaint on his fear of retaliation at the hands of the petitioner.

3. Contentions advanced by Sri. Sreekumar, the learned senior counsel appearing for the petitioner as instructed by Sri M.R. Nandakumar, the learned counsel, are as under:

(i) The complainant and his wife were embroiled in several disputes. They had pending petitions regarding maintenance, gold recovery, and divorce before various courts.

(ii) The complainant was working overseas, and his parents used to attend the courts on his behalf. On 1.8.2013, the petitioner’s associate was threatened by the complainant’s father while he was representing his party before the Court. On 12.9.2013, the same individual verbally abused the petitioner in the Family Court. The junior lawyer approached the police and lodged Annexure-D complaint on 12.9.2013. The complainant’s father was warned by the police against repeating such aggressive behavior. Displeased, the father of the complainant filed a complaint against the petitioner with the Kerala Bar Council on 10.10.2013, alleging severe allegations, including professional misconduct. In response, the petitioner submitted Annexure-F explanation on 15.11.2013, countering the allegations levelled in the complaint. Since the petitioner was fed up with the incessant acts of hostility at the Family Court, he finally relinquished his Vakalath, as is evident from Annexure-H.

(iii) In view of the bitter acrimony between the parties and in view of the pendency of proceedings before the Bar Council for alleged professional misconduct, the allegation now levelled that the complainant came to the home of the petitioner and handed over a sum of Rs.5 lakhs is a false, fictitious and untenable story concocted with some dubious motive to harass and vex the petitioner.

(iv) The petition filed by the complainant’s wife before the learned Magistrate was withdrawn by the wife of the petitioner only on 25.1.2014, much after the petitioner had relinquished the Vakalath.

(v) The decision of the petitioner to submit his nomination to the post of the President of the Kerala High Court Association irked some of his rivals in the profession,