LAWS(KER)-2024-1-83

SUNIL KUMAR KARAPATTOM Vs. STATE OF KERALA

Decided On January 22, 2024
Sunil Kumar Karapattom Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Petitioner challenges the registration of Crime No.125/2023 of Vellikulangara Police Station, Thrissur District, alleging offences punishable under Ss. 324, 448, 447 and 506 r/w Sec. 34 of the Indian Penal Code, 1860.

(2.) According to the prosecution, on 26/2/2023, the accused trespassed into the residence of the defacto complainant and destroyed the window panes and the door of his house and in that process the defacto complainant suffered injuries and thereby the accused committed the offences alleged.

(3.) Sri. Gautham Krishna E J, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the crime has been registered as a counter blast to Crime No.123/2023 before the same police station, wherein the defacto complainant's son had trespassed into the house of the accused herein and caused damages and committed offences under Sec. 427 and 448 of the Indian Penal Code, 1860. It was further submitted that the allegations in Crime No. 125/2023 are patently false and maliciously instituted. According to the learned counsel, the circumstances warrant invocation of the inherent jurisdiction under Sec. 482 Cr.P.C to quash the proceedings.