A court will quash proceedings if they appear retaliatory and constitute an abuse of process under Section 528 B.N.S.S.

O R D E R

(Dated this the 23rd day of February, 2026)

The petitioner is the accused in C.C No.1618 of 2023 of Judicial First Class Magistrate Court, Sulthanbathery, arising out of Crime No.1044 of 2023 of SulthanBathery Police Station, Wayanad. He filed this Crl.M.C under Section 528 BNSS praying for quashing all further proceedings against him. The offences alleged against the petitioner is under Sections 506 and 509 of IPC .

2. The prosecution case is that on 05.07.2023 at about

10.30 a.m., due to the enmity of the accused towards the de facto complainant, he exposed his naked body to her and intimidated to do away with her and thereby, he is alleged to have committed the aforesaid offences.

3. According to the learned counsel for the petitioner, this is a false case foisted against the petitioner as a counter blast to Annexure-A3 FIR registered against the de facto complainant and others and also in the light of Annexure-A4 injunction order obtained by the petitioner. Therefore, he prayed for quashing all further proceedings against the petitioner.

5. The petition was opposed by the learned Public Prosecutor.

4. Though notice was served on the 2^nd respondent/de facto complainant, she did not turn up.

6. On a perusal of Annexure-A3 FIR, it can be seen that, on 12.08.2023 at about 5.50 p.m., altogether 9 accused persons including the de facto complainant and the witnesses in this case, formed themselves into an unlawful assembly, trespassed into the landed property of the petitioner herein in connection with a dispute over a pathway, committed mischief to the tune of Rs.30,000/-, intimidated to do away with the son-in-law of the petitioner and voluntarily caused hurt to him.

7. Annexure-A5 is the interim injunction passed by the learned Munsiff Magistrate, Sulthan Bathery, in a suit filed by the petitioner herein. Though the de facto complainant herein is not a party to Annexure-A5 injunction order, the learned counsel for the petitioner submits that the above civil suit is with respect to the dispute involved in Annexure-A3 FIR. Annexure-A5 injunction order was passed by the Civil Court on 23.03.2023 and Annexure- A3 FIR was registered on 13.08.2023 while Crime No.1044 of 2023 was registered against the petitioner herein only on 14.09.2023 with respect to an incident allegedly occurred on

05.07.2023.

8. In Annexure-A1, no reason is stated for the delay in registering the FIR. Therefore, from the evidence on record, it is prima facie revealed that Crime No.1044 of 2023 is registered as a counter blast to Annexure-A3 FIR and Annexure-A5 injunction order and as such, the continuation of further proceedings against the petitioner will only be an abuse of the process of the Court and, as such, this Crl.M.C is liable to be allowed.

In the result, this Crl. M.C is allowed. All further proceedings against the petitioner in C.C No.1618 of 2023 of Judicial First Class Magistrate Court, Sulthanbathery, arising from Crime No.1044 of 2023 of SulthanBathery Police Station, Wayanad, is quashed under Section 528 of B.N.S.S .

Sd/-