The High Court of Madras allowed a Criminal Original Petition seeking quashing of an FIR registered under Section 294 IPC. The court held that the offence is time-barred under Section 468 Cr.P.C. and quashed the proceedings to prevent unnecessary delay.
The F.I.R. registered in Crime No. 21 of 2019 on the file of the first respondent is quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.OP.No.1429 of 2021
This petition has been filed to quash the F.I.R., registered in Crime No.21 of 2019, pending investigation on the file of the first respondent.
2.The F.I.R. has been registered for an offence under Section 294(b) IPC. The F.I.R. was registered in the year 2019. The maximum punishment that has been provided for an offence under Section 294(b) is three months imprisonment. Section 468 Cr.P.C. provides for the limitation of one year, if the offences
are punishable with imprisonment for a term not exceeding one year. In view of the same, even if the investigation is completed and a final report is filed, the Court below will not take cognizance of the offence since it is barred by limitation. Even otherwise, no useful purpose will be served in keeping the proceedings pending at this length of time.
3.In view of the above, this Criminal Original Petition is allowed and the F.I.R registered in Crime No.21 of 2019, pending on the file of the first respondent is hereby quashed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
rm
To
1.The Sub Inspector of Police
The State of Tamil Nadu
Vadalur Police Station
Vadalur – 607303
Cuddalore District.
2.The Public Prosecutor,
High Court, Madras.
+1cc to M/s.P.Mani, Advocate, sr no.6761.
Crl.OP.No.1429 of 2021
VSNII(CO)
RMP(23/02/2021)
2 issues framed by the court
Whether the Criminal Original Petition to quash the FIR should be allowed on the grounds of limitation and no useful purpose being served.
Whether the provisions of Section 482 Cr.P.C. justify quashing FIR under Section 294 IPC due to time lapse.
3 provisions across 2 enactments
Venkatesan & Ors
The State of Tamil Nadu
Arumugham
N. Anand Venkatesh
Mr. Justice N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
