Madras High Court
Praveenkumar vs The Inspector Of Police on 18 September, 2020
Crl.O.P.(MD)No.18631 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON: 09.07.2021
DELIVERED ON : 26.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.18631 of 2019
CRL.M.P(MD).No.10940 of 2019
Praveenkumar ... Petitioner
Vs.
1. The Inspector of Police,
Solavandan Police Station,
Solavandan,
Madurai District.
Crime No.205 of 2017.
2.Sivasankari ... Respondents
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.
For Petitioner : Mr.R.Anand
for Mr.G.Thiruvarutselvan
For Respondents : Mr.R.M.Anbunithi
Additional Public Prosecutor for R1
Mr.S.Selvakumar for R2
https://www.mhc.tn.gov.in/judis/
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Crl.O.P.(MD)No.18631 of 2019
ORDER
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.
https://www.mhc.tn.gov.in/judis/ 2/10 Crl.O.P.(MD)No.18631 of 2019
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, https://www.mhc.tn.gov.in/judis/ 3/10 Crl.O.P.(MD)No.18631 of 2019 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 which the maximum punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in force is imprisonment up to https://www.mhc.tn.gov.in/judis/ 4/10 Crl.O.P.(MD)No.18631 of 2019 three years. Here, the offences are under Sections 279, 337, 304(A) of IPC. So, the maximum punishment prescribed under Section 304(A) of IPC is two years. Exactly on this ground, the petitioner relied upon the judgment of the Hon'ble High Court of Himachal Pradesh in the case of State of Himachal Pradesh vs. Chanpreet Singh in Cr.M.P(M).No.434 of 2019 dated 02.07.2019, wherein the case was filed for the offences punishable under Sections 379, 427 and 34 of IPC. In the above said case, the investigation was not completed and the final report has not been filed before the concerned Juvenile Justice Board. But, in Tamil Nadu, separate rules are framed and notified 08.08.2017 called Tamil Nadu Juvenile Justice (Care and Protection of Children) Model Rules, 2017.
5. To show that the petitioner was a juvenile at the time of the alleged occurrence, the petitioner relied upon the letter that has been sent by the Superintendent of Police, Madurai to the Officer Commanding, Basic Training Regiment, AC Centre and School and he has also produced a number of documents to show his actual date of birth which has not been disputed by the respondent. In the SSLC certificate as well as in the Higher Secondary mark sheet, his date of birth is reflected as 11.02.2001 and the same is also reflected in the school Transfer https://www.mhc.tn.gov.in/judis/ 5/10 Crl.O.P.(MD)No.18631 of 2019 Certificate. In the Admit Card, his date of birth is mentioned as 11.02.2001, which was also followed in Pre-Verification Form and other records. Since the date of birth is not disputed by the respondent herein, we can take that as correct one. Further, without going to the merits of the case, this case can be disposed of on the technical ground. As per Rule 14 of the Tamil Nadu Juvenile Justice (Care and Protection of Children) Model Rules, 2017, the proceedings must be complied within four months which may be extended for another two months, if not it shall stand terminated automatically. Therefore, the First Information Report that has been registered against the petitioner is liable to be quashed on the point of limitation.
6. But, however, a suggestion has been made by the learned counsel for the petitioner to the effect that since the deceased was close relative to the petitioner, on earlier occasion before the Mediator, the petitioner is ready to pay a sum of Rs.2,00,000/- as compensation to the deceased family.
7. The learned counsel for the second respondent would submit that the petitioner, without proper care and caution, drove the vehicle in a rash and negligent manner and committed the offence. Therefore, he https://www.mhc.tn.gov.in/judis/ 6/10 Crl.O.P.(MD)No.18631 of 2019 should face the consequences of the carelessness and such a person should not be let on the technical point of limitation.
8. But, this Court is unable to accept the contention raised by the learned counsel for the second respondent as the mandatory provision has not been complied. This Court cannot give any leverage to the prosecution to file the final report belatedly. It is also seen from the records that no petition has been filed before the concerned Court or before the Juvenile Justice Board seeking extension of time for completing the investigation and file the final report. In the absence of any such move on the part of the first respondent, the First Information Report is liable to be quashed.
9. Even though the First Information Report can be quashed on the point of limitation, considering the facts and circumstances of the case as well as the offer made by the learned counsel for the petitioner, this Court directs the petitioner to deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) as compensation to the defacto complainant before the Judicial Magistrate, Vadipatti, before which, the First Information Report is pending within a period of one month from the date of receipt of a copy of this order. On such deposit, the learned Judicial Magistrate, https://www.mhc.tn.gov.in/judis/ 7/10 Crl.O.P.(MD)No.18631 of 2019 Vadipatti shall sent notice to the defacto complainant informing about the deposit made by the petitioner. After filing proper petition, the Judicial Magistrate, Vadipatti may permit the defacto complainant to withdraw the amount on proper identification. This compensation amount will be in addition to compensation, if any to be awarded by the Motor Accident Claims Tribunal.
10. Accordingly, the Criminal Original Petition is allowed and the proceeding in Crime No.205 of 2017 pending on the file of the first respondent stands quashed.
11. For reporting compliance, post the matter on 24.08.2021.
26.07.2021 Index : Yes/No Internet : Yes/No ssb Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. https://www.mhc.tn.gov.in/judis/ 8/10 Crl.O.P.(MD)No.18631 of 2019 To
1. The Inspector of Police, Solavandan Police Station, Solavandan, Madurai District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis/ 9/10 Crl.O.P.(MD)No.18631 of 2019 G.ILANGOVAN. J.
ssb Pre-Delivery Order in Crl.O.P.(MD)No.18631 of 2019 26.07.2021 https://www.mhc.tn.gov.in/judis/ 10/10