IMPORTANT POINT
The central legal point established in the judgment is that criminal proceedings can be quashed when manifestly attended with mala fide and maliciously instituted with ulterior motives.

ORDER :

1. This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, to quash Annexure A9 Final Report and all further proceedings in C.C. No. 541/2019 on the files of the Judicial First Class Magistrate Court-III, Thrissur.

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have perused the relevant records.

3. In this matter, the prosecution case is that, the accused herein, formed into an unlawful assembly, with knowledge that they are all members of the said assembly, in prosecution of their common object and with intention to abuse and threaten the de facto complainant, due to animosity arose out of non-payment of loan availed by the husband of the de facto complainant from Citizens Co-operative Society, Thrissur District. Then, the accused criminally trespassed upon the courtyard of the house of the de facto complainant at 10.00 a.m. on 24.2.2019, abused the de facto complainant and threatened the de facto complainant and her husband, with dire consequences. This is the base on which, prosecution alleges commission of the offences punishable under Sections 143, 147, 447, 294(b), 506(i) and Section 149 of the IPC.

4. The learned counsel for the petitioners argued at length to convince this Court that, none of the offences alleged against the accused, are made out and therefore, the final report and further proceedings are liable to be quashed. It is pointed out that when the husband of the de facto complainant failed to repay an amount of Rs. 15 Lakh, availed by the husband of the de facto complainant from Citizens Cooperative Society, Thrissur District during 2016 and when the society officials demanded the same, in order to wreck vengeance against the said demand, this case is one foisted.

5. Whereas, the learned Public Prosecutor would submit that, under the guise of demand of the amount due from the husband of the de facto complainant, she was abused and threatened by accused Nos. 1 to 10 in this crime.

6. On perusal of the records, it could be gathered that there was loan arrears to be paid by the husband of the de facto complainant and the demand for the same and the subsequent events led to registration of this crime, alleging commission of the offences punishable under Sections 143, 147, 447, 294(b), 506(i) and Section 149 of the IPC.

7. Having considered the genesis of this case, as one arose out of demand of the loan arrears, at the instance of the husband of the de facto complainant, false implication to wreck vengeance on account of demand of the loan amount could be noticed.

8. In the decision in Vineet Kumar and Others vs. State of U.P and Another, 2017 KHC 6274 : AIR 2017 SC 1884 : 2017 (13) SCC 369, the Apex Court held in paragraph 39 that inherent power given to the High Court under Section 482 Cr.P.C. is with the purpose and object of advancement of justice. In case solemn process of Court is sought to be abused by a person with some oblique motive, the Court has to thwart the attempt at the very threshold. The Court cannot permit a prosecution to go on if the case falls in one of the Categories as illustratively enumerated by this Court in State of Haryana vs. Bhajan Lal, AIR 1960 SC 866. Judicial process is a solemn proceeding which cannot be allowed to be converted into an instrument of operation or harassment. When there are material to indicate that a criminal proceeding which cannot be allowed to be converted into an instrument of operation or harassment. When there are material to indicate that a criminal proceeding is manifestly attended with mala fide and proceeding is maliciously instituted with an ulterior motive, the High Court will not hesitate in exercise of its jurisdiction under Section 482 Cr.P.C. to quash the proceeding under Category 7 as enumerated in State of Haryana vs. Bhajan Lal (supra), which is to the following effect:

“(7) Where a criminal proceeding is manifestly attended with mala-fide and/or where the proce