IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
LAIJU – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 4548 OF 2023
ORDER
(Dated this the 18th day of February, 2026)
The accused persons 1 and 2 in CC No. 644 of 2019 on the file of Judicial First Class Magistrate Court, Angamaly arising out of Crime No. 1526 of 2018 of Nedumbassery Police Station filed this petition under Section 482 Cr.PC praying for quashing all further proceedings against them. The offences alleged against the petitioners are under Section 294(b) and 506(1) r/w 34 IPC.
2. The prosecution case is that due to the enmity of the accused persons towards the defacto complainant on 13.11.2018 at about 12.30 pm, they abused the defacto complainant using filthy words, intimidated to do away with her and thereby they are alleged to have committed the aforesaid offences.
3. According to the learned counsel for the petitioner, even if the allegations leveled against the petitioners are believed as such, the same will not constitute the offences punishable under Section 294(b) and 506(i) IPC. Therefore, he prayed for quashing all further proceedings against the petitioners.
4. The petition was strongly opposed by the learned Public Prosecutor. Though notice was served on the respondents/defacto complainant she did not turn up.
5. In the statement given by the defacto complainant, it is not stated that the petitioners have used any obscene words or that it was heard by anybody else. Though it is alleged that they abused her, the words allegedly used for abusing her were not disclosed. Therefore, the allegations in the FIS are not sufficient to constitute the offence punishable under Section 294(b) IPC.
6. The prosecution case is that the accused persons intimidated to do away with the defacto complainant. However, in the FI Statement, there is no allegation that the petitioners used any weapon for threatening her. In the above circumstances, the prosecution case that the petitioners intimidated to do away with the 2nd respondent also could not be substantiated and as such the offence under Section 506(i) is also not made out. Therefore, no useful purpose will be served in continuing the proceedings against the petitioners as the same will only be an abuse of the process of court. Therefore, this Crl.MC is allowed. All further proceedings against the petitioners in CC No. 644 of 2019 on the file of Judicial First Class Magistrate Court, Angamaly is quashed.
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