IMPORTANT POINT
The High Court can quash an FIR if it is found to be false, frivolous, or motivated by malice, particularly in cases with multiple related complaints.

ORDER :

1. This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (‘BNSS’ for short), seeking quashment of all further proceedings pursuant to Annexure-F FIR arising out of Crime No. 359/2024 of Thiruvambady Police Station, Kozhikode Rural. The petitioners are the 1st and 2nd accused in the above crime.

2. Heard the learned counsel for the petitioners, the learned Public Prosecutor and the learned counsel appearing for the 2nd respondent/defacto complainant. Perused the relevant documents.

3. Precisely spelt, the prosecution case is that at about 13.30 hours on 04.07.2024 when the accused herein, who are officials of the Kerala State Electricity Board (‘KSEB’ for short), reached the house of the defacto complainant to disconnect the electric supply on failure to pay electricity bill, the 1st accused abused the defacto complainant by using filthy language. The 2nd accused caught hold of the shoulder of the defacto complainant, pushed her and thereby she fell down and sustained injuries; and thus her modesty was outraged. The further allegation is that the accused removed the solar bulbs fitted on the compound wall of the defacto complainant’s house. On this backdrop, prosecution alleges that the petitioners herein committed offences punishable under Sections 126(2), 115(2), 74, 296(b) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 (‘BNS’ for short).

4. The learned Senior Counsel Sri Jaju Babu, who appeared for the petitioners, vehemently argued that the entire case is false and foisted. It is submitted that initially Crime No. 354/2024 of Thiruvambady Police Station was registered against one Ajmal and Shahadad, the children of the defacto complainant, based on the complaint lodged by the Assistant Executive Engineer, KSEB, Thiruvambady, alleging that accused 1 and 2 in that crime, who are none other than the children of the defacto complainant in the present crime, obstructed the duties of the KSEB officials when they reached the house of the defacto complainant herein, to disconnect the electric supply, for failure to pay electricity charges even after issuance of demand cum disconnection notice, alleging commission of offences punishable under Sections 351 and 132 of the BNSS. On account of the assault and attack by the sons of the defacto complainant in that case, connection could not be given and the matter was reported to the Assistant Engineer. On 05.07.2024 at about 12.45 p.m. the sons of the defacto complainant in this case and others reached the KSEB office with a vessel full of water and food waste, threatening the officials that they would make sure that the employee, who effected disconnection, would consume the same. Ultimately at about 3 p.m. reconnection was given. At 4.50 pm on that day itself, Ajmal, who is the son of the defacto complainant in this case, made a threat to the effect that the Board officials would be jailed on a complaint by a woman. Again the sons of the defacto complainant herein poured waste water containing food waste over the Assistant Engineer and also caused damages to various electronic items as well as furniture in the office. On these allegations, Crime No. 356 of 2024 of Thiruvambady Police Station was registered, alleging commission of offences punishable under Section 32(a) of the Prevention of Damage to Public Property Act, 1984 (‘PDPP Act’ for short) as well as under Sections 329, 351, 121 and 132 read with 3(5) of the of the Bharatiya Suraksha Sanhita (‘BNS’ for short). In retaliation of the same, as an afterthought, after registration of Crime No. 354/2024 at 20.14 hours on 05.07.202, the present FIR was registered at 17.29 hours on 07.07.2024 on baseless allegations by the defacto complainant, who did not even present at the place of occurrence. It is pointed out by the learned counsel for the petitioner that Crime No. 359/2024 was registered on false plank without support of any material. Therefore, the entire case is baseless and t