ANILAKUMARI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sole accused in the case registered as Crime No.875/2017 of Vattiyoorkkavu police station under Sections 188, 447 and 427 of the Indian Penal Code. She seeks to quash Annexure-A1 first information report registered against her, by invoking the power of this Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code').

(2.) The case against the petitioner was registered on the basis of the first information statement given to the police by the third respondent. The material averments in the first information statement are as follows: The son of the third respondent owns two acres and thirty seven cents of property. The third respondent is the power of attorney holder of her son. The petitioner is the wife of the brother of the third respondent. There are civil cases pending with regard to the title and possession of the aforesaid property. On 15.05.2017, the petitioner trespassed into the aforesaid property and cut an anjili tree standing therein, causing a loss of Rs.2,00,000/- to the third respondent and her son. Such an act was committed by the petitioner in violation of the direction of the civil court to maintain status quo with regard to the property.

(3.) Heard learned counsel for the petitioner and the learned Public Prosecutor and also the learned counsel for the third respondent.