The main legal point established is that the delay in filing the final report and the petitioner's juvenile status can be grounds for quashing an FIR.

ORDER :

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the charge sheet in Crime No. 205 of 2017 on the file of the 1st respondent and quash the same as illegal.

This petition has been filed to call for the records relating to the charge sheet in Crime No.205 of 2017 on the file of the 1st respondent and quash the same as illegal.

2. The case of the prosecution is that on 10.05.2017, at about 02.00 p.m., the petitioner herein drove a two wheeler bearing Registration No.TN-57-F-3136, with deceased Sanjay Kumar and Bhuvaneshwarapandian, Rithikasri and Pradeshkumar as pillion riders proceedings towards Nagari from Solavandan. When they reached near ITC school, the bike fell down in a ditch due to rash and negligent driving of the petitioner. As a result, the deceased namely Pradeshkumar sustained head injuries and other sustained small injuries. Thereafter, they were taken to the hospital. But, the deceased/Pradeshkumar died. Based on the complaint given by the father of the deceased, a case in Crime No.205 of 2017 under Sections 279, 337, 304(A) of IPC was registered on the file of the first respondent, which is pending for investigation.

3. Pending investigation, this petition came to be filed by the petitioner challenging the allegation made in the First Information Report mainly on the ground that the accident took place on 10.05.2017 and even after a lapse of two years, the Final Report has not been filed so far. Apart from this ground, it is also stated that on the date of occurrence, the petitioner was only aged about 17 years. Therefore, he was a juvenile at the time of the alleged occurrence. It is also stated that the allegation mentioned in the First Information Report does not attract in any of the ingredients under Section 279, 337, 304(A) of IPC.

4. It is seen from the records that the petitioner, who is the accused before the first respondent Police is the close relative to the defacto complainant. The accused is the sister's son of the defacto complainant. On that ground, when the matter came up for hearing before this Court, this Court made an attempt to settle the disputes between the parties, on the basis of offer made by the learned counsel appearing for the petitioner to pay compensation of Rs.1,00,000/-. On that basis, Mr.S.Arun Kumar, was appointed as Mediator. But the matter was not settled before the Mediator, due to continuous non-appearance of the parties. Thereafter, another attempt was also made by this Court to settle the issue. Even then, it could not be settled for one or other reason. Now, the petitioner has joined in the Indian Army. Even, in the Pre-Verification Form, it is stated that he is involved in the offence in Crime No. 205 of 2017 under Sections 279, 337, 304(A) IPC and the case is reported to be under investigation. A letter has been addressed by the Superintendent of Police to the Officer Commanding, Basic Training Regiment, AC Centre and School, in this connection. By letter dated 18.09.2020, it has been stated that the petitioner is involved in the above said offence and he was aged about 17 years at the time of occurrence and he is a juvenile. In this regard, Crl.O.P(MD).No.18631 of 2019 has also been filed before this Court. So, on that ground, an attempt was made to make a settlement. But, it could not be succeeded as mentioned above. The only ground on which the petitioner is pressing for quashment of the First Information Report is that the Rule 10(6) of Juvenile Justice (Care and Protection of Children) Model Rules, 2016 provides that “in case of petty or serious offence, final report shall be filed before the concerned Board at the earliest and in any case, not beyond the period of two months from the date of information to the police”. According to the learned counsel for the petitioner, as per Section 2(45) of the Juvenile Justice (Care and Protection of Children) Act 2015, "petty offences" includes the offences for