Petition to quash an FIR for offences including hurt with weapon arising from a family fight over property. The court held that prima facie material existed and medical evidence supported the injuries; a civil dispute did not justify quashing. Petition dismissed.
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Crl. O.P. No. 2861 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl. O.P. No. 2861 of 2024
and
Crl.MP.No.2048 of 2024
1. P.Radha 2. Ramesh Prabu ... Petitioners
Vs.
1. The Inspector of Police, Vaduvur Police Station, Thiruvarur District.
2. G.Vijayalakshmi ... Respondents
Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the case in Cr.No.348 of 2023 on the file of 1 st respondent Vaduvur Police Station, Thiruvarur District and quash the same.
For Petitioners : Mr. V.Sivalingam For Respondents : Mr. S. Udaya Kumar, Government Advocate (Crl.Side) for R1 : Mr.K.Pragadeesh Kumar for R2
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Crl. O.P. No. 2861 of 2024
O R D E R
This Criminal Original Petition is filed to quash the FIR in
Cr.No.348 of 2023 registered by the first respondent police on 05.08.2023 in connection with alleged incident occurred on 28.07.2023.
2. The learned counsel appearing for the petitioner submits that there is a dispute between the family members of Shankar and Ramesh Babu. Earlier on 02.08.2022, both quarrelled with each other and the respondent police registered the complaint in C.S.R.Nos.281 and 282 of 2022 respectively. Later, the same were closed. Again, there was fight between them on 23.07.2023. In this connection, the petitioner gave the complaint against Vijayalakshmi and others. The respondent police had not registered the complaint contrarily and they have registered the complaint given by Vijayalakshmi reporting incident belatedly. The learned counsel also submitted that regarding the property, there is civil suit is pending, but the second respondent is trying to give criminal colour to the dispute.
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Crl. O.P. No. 2861 of 2024
of the counsel find that it is a case where primafacie material available to registered the case and investigate. The injuries sustained by the defacto complainant cannot be ignored, just because the parties are fighting with a civil dispute regarding the property. Hence, the Petition to quash the FIR stands dismissed.
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Crl. O.P. No. 2861 of 2024
Consequently,the connected miscellaneous petition is closed.
15.07.2024
Vv
To
1. The Inspector of Police, Vaduvur Police Station, Thiruvarur District.
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Crl. O.P. No. 2861 of 2024
Dr.G.JAYACHANDRAN,J.
Vv
Crl. O.P. No. 2861 of 2024 and Crl.MP.No.2048 of 2024
15.07.2024
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1 issue framed by the court
Whether the FIR in Cr.No.348 of 2023 should be quashed given a pending civil property dispute between the parties.
3 provisions across 3 enactments
P.Radha
Ramesh Prabu
The Inspector of Police, Vaduvur Police Station, Thiruvarur District
G.Vijayalakshmi
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
