Veerapandiyan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.4044 of 2025 Veerapandiyan ... Petitioner Vs

1. The Inspector of Police, Thirunavalur Police Station, Kallakurichi District, (Crime No.2435/2020).

2. B.Pichai Anthonyraj ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C., to call for records from the first respondent Police in Crime No.2435 of 2020 and to quash the same insofar as the petitioner is concerned. For Petitioner : Mr.R.Thirumoorthy For Respondents : Mr.K.M.D.Muhilan, Government Advocate (Crl. Side) for R1

ORDER

This Criminal Original Petition has been filed to quash the First Information Report in Crime No.2435 of 2020 on the file of the first respondent Police.

2. The case of the prosecution is that on 28.12.2020, at about 1.30 p.m., when the Special Sub Inspector of Police was in the station, the defacto complainant, viz., B. Pichai Anthonyraj, lodged a complaint stating that a Madha Pond was situated at Irunthai Village, comprised in Survey No. 30, where the inhabitants of the Christian community were located near that pond. On 28.12.2020, at about 11.15 a.m., the petitioner and his relatives were conducting a ceremony for his grandmother in that pond, wherein the de-facto complainant and his mother questioned the petitioner and his relatives about the ceremony's performance in that pond. At that time, the petitioner and his relatives allegedly attacked the de-facto complainant and his associates with an iron rod and abused them with filthy language. Hence, the complaint.

3. Heard the learned counsel for both sides and perused the materials available on record.

4. For the very same incident, a previous complaint was also lodged by the petitioner herein and the same was registered in Crime No. 2434 of 2020. After the registration of the earlier complaint, subsequently, on the complaint lodged by the second respondent, the present First Information Report has been registered by the first respondent as a counter complaint. However, the first respondent is keeping both First Information Reports pending without completing the investigation.

5. On a perusal of the First Information Report, it reveals that on 28.12.2020, there was a dispute with regard to doing the 7th day death ceremony of the deceased person regarding the prayers of the said ceremony. All the allegations are civil in nature and no one was injured. Further, both the First Information Reports are pending without any progress for more than five years, which shows that no offence is made out against both persons. Therefore, mere keeping of the First Information Reports would not serve any purpose.

6. In view of the above, in order to meet the ends of justice, both the First Information Reports cannot be sustained and are liable to be quashed. Accordingly, the First Information Reports in Crime Nos. 2434 and 2435 of 2020 are hereby quashed.

7. In the result, this Criminal Original Petition is allowed. Consequently, the connected Miscellaneous Petition is closed. 06.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order kv To

1. The Inspector of Police, Thirunavalur Police Station, Kallakurichi District

2. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, kv 06.03.2025