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TMI Blog2024 (6) TMI 1456X X X X Extracts X X X X X X X X Extracts X X X X ..... ecutor. I have perused the relevant records. 3. In this matter, the prosecution case is that, the accused herein, formed into an unlawful assembly, with knowledge that they are all members of the said assembly, in prosecution of their common object and with intention to abuse and threaten the de facto complainant, due to animosity arose out of non-payment of loan availed by the husband of the de facto complainant from Citizens Co-operative Society, Thrissur District. Then, the accused criminally trespassed upon the courtyard of the house of the de facto complainant at 10.00 a.m. on 24.2.2019, abused the de facto complainant and threatened the de facto complainant and her husband, with dire consequences. This is the base on which, prosecuti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an amount could be noticed. 8. In the decision in Vineet Kumar & Ors. v. State of U.P & anr., reported in [2017:INSC:305 : 2017 KHC 6274 : AIR 2017 SC 1884 : 2017 (13) SCC 369], the Apex Court held in paragraph 39 that inherent power given to the High Court under Section 482 Cr.P.C is with the purpose and object of advancement of justice. In case solemn process of Court is sought to be abused by a person with some oblique motive, the Court has to thwart the attempt at the very threshold. The Court cannot permit a prosecution to go on if the case falls in one of the Categories as illustratively enumerated by this Court in [1960:INSC:61 : AIR 1960 SC 866], State of Haryana v. Bhajan Lal. Judicial process is a solemn proceeding which cannot b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estly quashed essentially on the ground that such proceedings are manifestly frivolous or vexatious or instituted with the ulterior motive for wreaking vengeance, then in such circumstances the Court owes a duty to look into the FIR with care and a little more closely. We say so because once the complainant decides to proceed against the accused with an ulterior motive for wreaking personal vengeance, etc., then he would ensure that the FIR/complaint is very well drafted with all the necessary pleadings. The complainant would ensure that the averments made in the FIR/complainant are such that they disclose the necessary ingredients to constitute the alleged offence. Therefore, it will not be just enough for the Court to look into the averme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tuted maliciously with ulterior motives. Once the said fact is established, the same is a good reason to quash the criminal proceedings. Since the case emanated as and when the officials of the Co-operative Society demanded repayment of loan amount, and no serious overt acts even alleged, false implication to nullify demand of loan amount is the intention to be drawn from the materials. Thus, applying the ratio of the decisions referred above, this petition succeeds and the same stands allowed. Accordingly, Annexure A9 Final Report and all further proceedings in C.C. No. 541/2019 on the files of the Judicial First Class Magistrate Court-III, Thrissur, stand quashed. Registry is directed to forward a copy of this order to the trial court, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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