CRL OP/17262/2023 of M.EZHUMALAI Vs SUB INSPECTOR OF POLICE

Crl.O.P .No.17262 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.04.2026 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.17262 of 2023 and Crl.MP.Nos.11186 & 11188 of 2023 1.M.Ezhumlai 2.E.Parthiban ... Petitioners Vs. 1.The State of Tamilnadu, Rep. By the Sub Inspector of Police, Kottakuppam Police Station, Villupuam District crime No.16 of 2017 2.Gopi ... Respondents Prayer: Criminal Original petition filed under Section 482 of Cr .P.C. praying to quash the final report in CC.No.46 of 2020 pending trial on the file of the learned District Munsif cum Judicial Magistrate, Vanur a s the same is an abuse of process of law. For Petitioners : Mr.S.Karthikeyan For Respondents For R1 : Mr.A.Gopinath, Government Advocate(crl.side) For R2 : No appearance ORDER This criminal original petition has been filed praying to Page 1 of 4 https://www.mhc.tn.gov.in/judis Crl.O.P .No.17262 of 2023 quash the final report in CC.No.46 of 2020 pending trial on the file of the learned District Munsif cum Judicial Magistrate, Vanur. 2. The case of the prosecution is that on 06.01.2017, when the defacto complainant’s wife-Visalakshi was cleaning the temple whi ch he was building, the petitioners/Accused-1 and 2 came and asked her as t o how she could clean their land. They also used abusive language and Accused-1 kicked Gopi in the stomach. When she fell down, Accused-2 punched in her chest. Finally, they threatened her. Hence the compl aint was preferred and the same was registered in Crime No.16 of 2017. Therefore, on completion of investigation, the first respondent filed report and the same was taken cognizance in CC.No.46 of 2020 on the file of the learned District Munsif cum Judicial Magistrate, Vanur. 3. Heard the learned counsel appearing on either side and perused all the materials placed before this Court. 4. It is seen that for the very same occurrence, the first petitioner also lodged complaint and the same was registered in cr ime No.18 of 2017 on the file of the first respondent. In both the FIR’s the first respondent found that both the parties are aggressors and filed f inal Page 2 of 4 https://www.mhc.tn.gov.in/judis Crl.O.P .No.17262 of 2023 reports. In respect of the complaint of the present defacto complaina nt, the trial court took cognizance in CC.No.46 of 2020. The complaint lodged by the first accused was taken cognizance in CC.No.47 of 2020 for the offence punishable under Sections 294(b), 323, 447, 427 & 506(i) of IPC. On perusal of the entire records and on perusal of both the fi nal reports, it is revealed that the allegations are trivial in na ture and the dispute arose with regard to removal of palm tree and neem tree. Therefore, in order to meet the ends of justice, this Court is i nclined to quash both the proceedings since the allegations are trivial in nature. 5. Accordingly, the entire proceedings in CC.No.46 of 2020 and CC.No.47 of 2020 on the file of the learned District Munsif cum Judicial Magistrate, Vanur, are quashed and this criminal original petition stands allowed. Consequently, connected miscellaneous petitions are closed. 29.04.2026 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order lok Page 3 of 4 https://www.mhc.tn.gov.in/judis Crl.O.P .No.17262 of 2023 G.K.ILANTHIRAIYAN, J. lok To 1. District Munsif cum Judicial Magistrate, Vanur 2.The State of Tamilnadu, Rep. By the Sub Inspector of Police, Kottakuppam Police Station, Villupuam District 3.The Public Prosecutor, High Court of Madras Crl.O.P.No.17262 of 2023 29.04.2026 Page 4 of 4 https://www.mhc.tn.gov.in/judis