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A. BADHARUDEEN
BENNY MATHEW S/O MATHAI MATHEW – Appellant
Versus
STATE OF KERALA – Respondent
ORDER :
1. This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings in C.C. No. 687/2023 on the files of the Additional Chief Judicial Magistrate Court, Ernakulam. The petitioners herein are the accused in the above case.
2. Heard the learned counsel for the petitioners and the learned Public Prosecutor, in detail. Also heard the learned counsel appearing for the defacto complainant. Perused the relevant materials available.
3. In this matter, the prosecution alleges commission of offence punishable under Section 430 read with 34 of the Indian Penal Code, by the accused. Initially as on 24.09.2023, the FIR was registered on the basis of the FIS lodged by the defacto complainant, who is residing on rent in one of the flats in RDS Retreat Apartments, Ernakulam. The prosecution allegation is that, the accused herein who are the President, Secretary and Treasurer of the RDS Retreat Apartments Owners Welfare Association, disconnected the water supply to the rental flat, where the defacto complainant has been residing for the last 15 years and thereby her basic amenities for drinking water and to do cooking e
Disconnection of water supply by association for non-payment of dues does not constitute mischief under IPC unless it is habitual or unjustified.
Allegation of mischief under IPC Section 425 requires only a bare allegation for prosecution.
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.
The main legal point established in the judgment is the need to carefully evaluate the nature of offenses and the possibility of quashing proceedings under Sec. 482 of Cr.P.C., particularly in cases ....
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