This order quashes an FIR under Sections 294(b) and 506 IPC. The High Court held that the final report filed by the police was barred by the limitation period under Section 468 of Cr.P.C., thus allowing the petition.
The complaint in Cr.No.103 of 2020 dated 16.02.2020 stands quashed as the final report was barred by limitation.
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.
Crl. O.P.No.26041 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.OP.No.26041 of 2024
Padma @ Padmavathy .. Petitioner
Vs.
2.Ravi .. Respondents
Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C. / 528 of BNSS, to quash the F.I.R. in Crime No.103 of 2020 dated 16.02.2020 pending on the file of the first respondent.
For Petitioner : Mr.Prem Balaji For Respondents : Mr.S.Udaya Kumar Government Advocate for R1
O R D E R
The petitioner herein is the first accused in Cr.No.103 of 2020 registered on 16.02.2020 for the alleged offence under Section 294b, and
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506(i) of IPC. The complainant is the husband of the petitioner and the other two accused in the complaint are sons of the petitioner.
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respondent police submits that the first petitioner and the complainant are not husband and wife. Apparently, they both married to somebody else. However, they have live-in-relationship. The petitioner and her two sons who were occupying the house of the defacto complainant had threatened the petitioner with dire consequence and had abused him in filthy language. Hence the complaint in Cr.No.103 of 2020.
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three years. On applying Section 468 of Cr.P.C it is obviously clear that
22.10.2024
Vv
To
2. The Public Prosecutor, High Court, Madras.
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Dr.G.JAYACHANDRAN,J.
Vv
Crl.OP.No.26041 of 2024
22.10.2024
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2 issues framed by the court
Whether the limitation prescribed under Section 468 of Cr.P.C. bars the filing of the final report and warrant quashing of the FIR.
Whether expressions of words out of anger without intention to cause harm constitute an offence under Section 506 IPC.
5 provisions across 3 enactments
Padma @ Padmavathy
The Inspector of Police, J 8 Neelankarai Police Station, Chennai – 41
Ravi
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
