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Madras High CourtCRL OP/10146/2018dismissed

Siva, Aged 24 Years, v. State Rep. By

2018-06-11Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2018

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.10146 of 2018 and Crl.MP.No.4891 of 2018 1.

Siva 2.

Adalarasu ..Petitioners/A3 vs.

1.

State rep. by The Inspector of Police Redhills Police Station.

(Crime.No.1836/2015) ...1st Respondent/Complainant 2.

Prabhu ...2nd Respondent/Defacto Complainant Criminal Original Petition filed under Section 482, Cr.P.C. to quash the F.I.R. in Crime No.1836 of 2015, pending before the Redhills Police Station, Thiruvallur District on the basis of compromise between the parties.

For petitioners : Mr.Krishnasamy Chinnasamy For Respondents : Mr.C.Raghavan Government Advocate (Crl. Side) for R1

O R D E R

This Criminal Original Petition has been filed to quash the F.I.R. in Crime No.1836 of 2015, pending before the Redhills Police Station, Thiruvallur District, on the basis of compromise between the parties.

2. On the complaint lodged by one Prabhu, the first respondent police have registered a case in Crime No.1836 of 2015 on 14.12.2015 for the offences under Sections 147, 148, 341, 294(b), 324, 307 and 506(ii) IPC against Annamalai and four others, including the petitioners herein, for quashing which, this quash petition has been filed.

3. The FIR in this case has been registered pursuant to the complaint given by Prabhu (the second respondent herein), while he was taking treatment in the Government Stanley Hospital, Chennai, on 14.12.2015. On a reading of the F.I.R, it is seen that Annamalai (A1) and Prabhu (the de facto complainant) had a quarrel on 12.12.2015, while they were consuming liquor.

Thereafter, it is stated that on 13.12.2015, around 21.30 hours, Annamalai (A1) and his gang including the petitioners herein indiscriminately attacked Prabhu (the de facto complainant) with deadly weapons, resulting in head injuries. Since the complaint of Prabhu discloses the commission of cognizable offence under Section 307 IPC, the same cannot be quashed.

https://hcservices.ecourts.gov.in/hcservices/

4. Hence, this petition is dismissed as being devoid of merits. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mk To 1.

The Inspector of Police Redhills Police Station, Tiruvallur District. 2.

The Public Prosecutor High Court, Madras.

SVN(CO) sm:19.6.2018 Crl.O.P. No.10146 of 2018 https://hcservices.ecourts.gov.in/hcservices/