IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

CRL.O.P.No.18121 of 2021

1.Bala @ Balamurugan

2.Engles

3.Manikandan

... Petitioners/Accused 7,8&9

Versus

1.State By,

The Inspector of Police,

J-4, Kotturpuram Poilce Station,

Chennai.

...1st Respondent/Complainant

2.Chellammal

...2nd Respondent/

Defacto Complainant

PRAYER: Criminal Original Petition filed under Section 482 of

the Code of Criminal Procedure, to quash the First Information

Report in Crime No.562 of 2021 pending on the file of the 1^st

respondent as against the petitioners herein.

For Petitioners:

Mr.V.T.Narendiran

For R1

:

Mr.A.Damodaran,

Additional Public Prosecutor

For R2

:

Mr.R.Krishnakumar

*****

ORDER

This Criminal Original Petition has been filed to quash the

FIR in Crime No.562 of 2021 pending on the file of the 1^st

respondent Police as against the petitioners.

2.The case of the prosecution is that on 17.08.2021, at

about 01.00 p.m., when the husband of the 2^nd respondent

Padmanaban alone at home, Robbin, Manickam, Karthikeyan,

Mandumandal, Rajasekar, Ganesh along with henchmen claiming to

be Advocates, attacked him with deadly weapons and inflicted

injuries. Thereafter, the 2^nd respondent and her injured husband

had gone to the 2^nd respondent Police Station to lodge a

complaint, at that time, the Advocates who are practicing in

Saidapet Magistrate Court namely Angel and Manikandan again

assaulted her husband in the Police Station. Due to which, the

2^nd respondent's husband fainted and immediately admitted in the

Government Hospital, Royapettah. Thereafter, a complaint was

lodged and an FIR in Crime No.562 of 2021 was registered, for

offence under Sections 147, 448, 324 and 392 IPC against Robbin,

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

Manickam, Karthikeyan, Mandumandal, Rajasekar, Ganesh, Angel,

Manikandan and others. After investigation, Sections were

altered to 147, 448, 323 IPC r/w 149 IPC.

3.The learned counsel for the petitioner submitted that the

2^nd

respondent's husband Padmanaban, who is a practicing

Advocate, residing at No.54/16, Naidu Street, 4^th Lane, Kottur,

Chennai had some dispute with other residents of the street in

connection with laying road. The 1^st petitioner and his Junior

Robert along with other residents had gone to meet the Assistant

Engineer, Corporation of Chennai with regard to laying road. At

that time, there was wordy altercation between both the groups

and the petitioner's group opposed the highhandedness of the 1^st

respondent Police and there was a scuffle between the groups.

Hence, a case and counter case registered against the both

parties in Crime Nos.562, 563 & 564 of 2021. The 1^st respondent

Police is supporting the 2^nd

respondent and her husband

Padmanaban.

4.The learned counsel further submitted that now the dispute

between the petitioners and the 2^nd respondent resolved and all

the parties have agreed for compromise. Hence, they have filed

three quash petitions to quash the FIR in Crime Nos.562, 563,

564 of 2021 and filed their respective affidavits. As regards

the offence under Section 392 IPC is concerned, at the time of

occurrence, the jewels belong to both the parties found missing

and later, both parties exchanged their respective jewels.

Hence, the offence under Section 392 IPC is not made out. The

2^nd respondent filed the affidavit giving consent for quashing of

the FIR in Crime No.562 of 2021 against the petitioners and

other accused.

5.The learned Additional Public Prosecutor appearing for the

1^st respondent Police submitted that in this case, on the

complaint of the 2^nd respondent, a case in Crime No.562 of 2021

was registered for offence under Sections 147, 448, 324, 392

IPC. During investigation, finding that there is no missing of

jewels, the case was altered to 147, 4