The inherent powers of the court under Section 482 CRPC to quash proceedings are not absolute and can only be exercised when allegations do not substantiate any offences.

O R D E R

The petitioner is the sole accused in C.C.No.458 of

2022 on the file of the Court of the Judicial Magistrate of First Class, Kunnamkulam ('Trial Court', in short), which has originated from Crime No.118 of 2022 registered by the Peramangalam Police Station, Thrissur, alleging the commission of the offences punishable under Sections 341 , 353, 283, 294(b) and 506(ii) of the Indian Penal Code .

2. The case of the prosecution in the final report, in a nutshell, is that:

On 09.02.2022, at around 11.00 hours, when the Deputy Tahsildar and other officials of the Thrissur Taluk Office went to the house of the petitioner for the purpose of measuring the building to assess the luxury tax, as per the orders of the Tahsildar, the petitioner verbally abused the officials alleging that he was not given prior notice and demanded them to leave his house. Accordingly, he obstructed the officials from discharging their official duties. Furthermore, the petitioner also blocked the car of the officials with his car. He threatened them that he would set fire to the car and struck the vehicle with his hands. Thus, the petitioner has committed the above offences.

3. I have heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. The learned counsel for the petitioner vehemently submits that, even if the allegations in the FIR and the final report are taken on their face value, the same would not attract the offences alleged against the petitioner. There is no material to substantiate the petitioner's culpability in the crime. The offence under Section 341 is not attracted, as there is no material to prove that the petitioner has wrongfully restrained the officials.

Likewise, the offence under Section 353 is not attracted, since there is no allegation of any assault or criminal force. Similarly, the offence under Section 283 is also not attracted, because no obstruction or danger was caused to the officials. Furthermore, the offences under Sections 294 (b) and 506 are not attracted, because the obscene words were not uttered in public and there was no threat or intention to cause the alarm. Therefore, even if the petitioner withstands the trial, it is not going to lead to his conviction. Hence, the entire proceedings may be quashed.

5. The learned Public Prosecutor stoutly opposes the Crl.M.C. He submits that there are specific overt acts attributed against the petitioner, which proves his culpability in the crime. The petitioner had prevented the officials from discharging their official duties to measure the building, to assess the luxury tax. The petitioner also prevented the officials from leaving the premises by obstructing their vehicle with the petitioner's car. The Investigating Officer has produced cogent materials along with the final report and proposes to examine 17 witnesses to prove the prosecution case. Therefore, this Court may not embark upon a mini trial and quash the proceedings. Hence, the Crl.M.C. may be dismissed.

6. The essence of the prosecution case is that, when the defacto complainant and other officials went to inspect the petitioner's building to assess the luxury tax, the petitioner prevented them from discharging their duties and also blocked them from leaving the premises. He also threatened to set their car ablaze.

7. It is well settled that this Court has inherent powers under Section 482 of the Code of Criminal Procedure , which corresponds to Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023, to quash criminal proceedings. However, such inherent power, though expansive in nature, is not unbridled or unlimited.

They are to be exercised sparingly, with circumspection, and within the parameters delineated by judicial precedents. One of the elementary principles to quash a criminal proceeding is