Usha, W/o Shaji vs State Of Kerala

Ziyad Rahman A.A., J

The petitioner is the defacto complainant in Crime No. 308/2022 of Alappuzha North Police Station, which is now pending as S.C.No.703/2022 before the Additional Sessions Court-III, Alappuzha. The aforesaid crime was registered based on the complaint submitted by the petitioner in which the son of the petitioner is implicated as an accused, alleging the commission of offences punishable under Sections 427 and 436 of the Indian Penal Code (IPC).

The allegation in the said complaint was that, on 21.03.2022, at 11.00 p.m, the accused set ablaze the residential house where the petitioner and her husband are residing and thereby caused damages to certain household articles and two of the rooms of the said building. Total loss was estimated to be to the tune of Rs.15,000/-. Annexure-1 is the FIR and Annexure-3 is the final report submitted by the police. This Crl.M.C is filed by the petitioner for quashing all proceedings against the accused, who is her son.

Heard Sri.Jijo Paul Kallookkaran, the learned counsel appearing for the petitioner and Smt. Sreeja V., the learned Public Prosecutor appearing for the State.

The contention put forward by the learned counsel for the petitioner is that the incident which resulted in the registration of crime occurred at a time when her son/accused was in the intoxicated stage. The learned counsel for the petitioner further submits that, the petitioner has no grievance against her son, and she wants the prosecution against him to be terminated prematurely. It is also pointed out that, in connection with the aforesaid case, the accused is already arrested by the police. Even though, bail was granted by the court concerned, he is even now in judicial custody since he could not offer any sureties. Therefore, the accused has been in custody for more than 200 days. This Crl.M.C was filed in such circumstances and she seeks for quashing the proceedings.

The learned Public Prosecutor upon instructions submitted that, the Station House Officer concerned has recorded a signed statement of the petitioner herein. She stated before the police that, she did not want to continue the prosecution against her son. It is specifically stated that, the accused is an alcoholic and once he is released from judicial custody, they intend to take her son to a De-Addiction centre for proper treatment. Therefore, she reiterates the prayer sought in this Crl.M.C, before the police as well.

I have gone through the records and heard the arguments on either side. It is evident that the petitioner/defacto complainant does not intend to continue the prosecution as against the accused. The specific case of the petitioner is that, at the relevant time, the accused was under the influence of alcohol and the petitioner wants him to undergo treatment in a De-Addiction Center, to get rid of his habit of drinking.

Considering the entire facts and circumstances of the case and also taking into the relationship between the petitioner and the accused, I am of the view that, this is a fit case in which powers of this Court under Section 482 Cr.P.C has to be invoked even though the allegations against the petitioner are serious in nature. The crime has been registered at the instance of the petitioner, who is the mother of the accused, and the loss sustained on account of the acts of the accused is suffered by the petitioner. Therefore the dispute is a private dispute and hence by allowing the premature termination of the proceedings, no prejudice would be caused to anyone. Therefore, I do not find any public interest therein, mainly because the dispute is a domestic affair between the mother and son. Moreover, the petitioner wants to make an attempt to reform his son by providing necessary treatment, which cannot be ignored. Hence, I deem it appropriate to provide an opportunity to the parties in this regard, by invoking the powers of this Court under section 482 of the Cr.P.C, which is absolutely necessary in the peculiar facts and circumstances of this case.

Accordingly, this Crl.M.C is allowed, Annexure-3 final report submitted in Crime No. 308/2022 of Alappuzha North Police Station and all further proceedings pursuant thereto, including the proceedings in S.C No. 703/2022 on the file of the Additional Sessions Court-III, Alappuzha, are hereby quashed. It is further ordered that, since the proceedings are quashed, the accused in this case shall be released forthwith, unless he is required to be detained in connection with any other case.