Madras High Court
Ilavarasan vs The State on 27 November, 2023
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.OP.No.27424 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.OP.No.27424 of 2022 and
Crl.MP.No.16849 of 2022
1.Ilavarasan
2.Panbarasan ... Petitioners
Vs.
1.The State,
Inspector of Police,
Anakkavoor Police Station,
Tiruvannamalai
(Ref.Crime No.145 of 2022)
(cause title as found in the FIR)
2.Vasudevan ... Respondents
PRAYER: Criminal original petition is filed under Section 482 of Cr.P.C. to
call for the records and to quash the First Information Report in crime No.145
of 2022 on the file of the Inspector of Police, Anakavoor Police Station,
Tiruvannamalai District as against the petitioners for offences under Sections
147, 294(b), 355, 506(1) of IPC, 1860.
For Petitioners : Mr.G.R.Hari
For Respondents
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Page 1 of 8
Crl.OP.No.27424 of 2022
For R1 : Mr.A.Gopinath,
Government Advocate(Crl.side)
For R2 : Mr.K.Ravichandran
ORDER
This Criminal Original Petition has been filed to quash the
proceedings in crime No.145 of 2022 on the file of the first respondent as
against the petitioners registered for the offences under Sections 147, 294(b),
355 & 506(1) of IPC.
2. The case of the prosecution is that on 13.07.2021 when the second
respondent was standing before his house, all the accused persons came there
and scolded him with filthy languages. They also attacked him with brick
stones. Hence, the complaint. On receipt of the complaint, the first respondent
registered FIR in crime No.145 of 2022. On the complaint lodged by the first
petitioner herein also, another FIR was registered in crime No.146 of 2022 for
the offences punishable under Sections 294(b) and 506(i) of IPC. While
pending this petition to quash the FIR, the first respondent filed final report in
both the crime Nos., which have been taken cognizance in CC.Nos.160 of 2022
and 228 of 2023.
3. The learned counsel for the petitioners would submit that even
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before this Court on 13.09.2023, the first respondent submitted that no charge
sheet was filed in crime No.145 of 2022. This Court specifically observed that
final report cannot be filed mechanically in both the cases without identifying
the real aggressor in the case. This Court further directed the first respondent to
identify the real aggressor and inform this Court. If the aggressor is identified,
there is no requirement to file final report in both the FIR's. In the meanwhile,
the first respondent completed investigation and filed final report in crime
No.145 of 2022 for the offences punishable under Sections 147, 294(b), 355
and 506(i) of IPC. That apart, there was an issue among the neighbours. In
fact, the first petitioner/A2 is working in a Post Office at Kancheepuram and
the second petitioner / A4 is a college going student. The second respondent is
working as a faculty in Mechanical Engineering Department in Anna
University, Guindy. The first accused is working as a warden in Adidravida
Students Welfare Hostel in Government Arts College, Cheyyar. All the family
members have been roped into this Case.
4. Per contra, the learned counsel for the second respondent would
submit that there are specific allegations as against each accused and as such
the entire proceedings cannot be quashed. That apart, now the first respondent
completed investigation and filed final report. Therefore, the prayer sought for
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in this petition has become infructuous.
5. The learned Government Advocate(crl.side) appearing for the first
respondent submitted that the first respondent found that both the parties are
aggressors and as such they filed final report in both the cases. On that ground,
the entire proceedings cannot be quashed and this Court may direct the trial
court for simultaneous trial in both the cases and to deliver judgment one after
another.
6. Heard, the learned counsel appearing on either side.
7. Admittedly, there is a previous enmity between both the family
members with regards to drainage, due to which they often quarreled among
them. On 13.07.2021, there was a wordy quarrel between both the family
members, in which both lodged complaint. However, no FIR was registered.
Further, the complaint was lodged on 14.07.2021 for the occurrence took place
on 13.07.2021. There was no reason for the belated complaint. That apart, all
the allegations are trivial in nature. The occurrence happened due to drainage
issue. Though the first respondent filed final report while this petition to quash
FIR is pending, this Court can entertain the quash petition where for the
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offences alleged to have been committed by the accused prima facie case is not
made out from the charge sheet and other documents. It is settled principle of
law that this Court can exercise jurisdiction under Section 482 of Cr.P.C. even
after the charge sheet laid for the quashment of FIR. The abuse of process
caused by registration of FIR stands aggravated if the FIR has taken the form
of charge sheet after investigation. Power is undoubtedly conferred to prevent
the abuse of process of law of any court. That apart, as stated supra, the entire
allegations are trivial in nature and no injuries sustained by the defacto
complainant / second respondent. That apart, on the complaint lodged by the
first petitioner herein, another FIR has been registered in crime No.146 of 2022
for the offences under Section 294(b) and 506(i) of IPC. Though the first
respondent found both the parties are aggressors and filed final report, in order
to meet the ends of justice, both the proceedings are liable to be quashed.
8. In view of the above, the entire proceedings in CC.Nos.160 of
2022 and 228 of 2023 on the file of the Judicial Magistrate, Cheyyar pursuant
to FIR in crime No.145 of 2022 and crime No. 146 of 2022 are quashed and
this criminal original petition is allowed. Consequently, connected
miscellaneous petition is closed.
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27.11.2023
Index :Yes/No
Internet : Yes/No
Speaking order/non-speaking order
lok
To
1.The learned Judicial Magistrate,
Cheyyar
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2.Inspector of Police,
Anakkavoor Police Station,
Tiruvannamalai
3.The Government Advocate,
High Court of Madras
G.K.ILANTHIRAIYAN, J.
lok
https://www.mhc.tn.gov.in/judis
27.11.2023
https://www.mhc.tn.gov.in/judis
