The High Court dismissed a petition seeking quashing of a criminal case involving a property dispute. The court held that sufficient material existed to frame charges, rendering the case incapable of being dismissed as a purely civil matter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No.15061 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:27.06.2024
Coram:
THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN
Criminal Original Petition No.15061 of 2024
1.Bhuvaneswari
2.Nithiya
.. Petitioners
/versus/
1.State represented by Inspector of Police, B1, Town Central Police Station, Nilgiris at Ooty.
2.Gayathri
.. Respondents
Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to call for records and quash the charge sheet in C.C.No.13 of 2023 on the file of Judicial Magistrate Court at Udhagamandalam.
For Petitioners :Mr.V.Vinnoli For Respondents :Mr.S.Udaya Kumar Govt.Advocate (Crl.Side) for R1
Crl.O.P.No.15061 of 2024
ORDER
This petition is filed to quash the final report culminated in
taking cognizance by the Judicial Magistrate, Udhagamandalam, in C.C.No.13 of 2023.
2.The learned counsel appearing for the petitioners submitted that the shop in dispute was originally allotted by the Adi Dravidar and Tribal Welfare Department to the father of these petitioners. After demise of his father Gobi, the shop was under the possession and enjoyment of the petitioners. While so, the defacto complainant made an attempt to disturb their possession and hence, the complaint has already been lodged with the respondent police and the same is pending for enquiry in Crime No. 170 of 2021. While so, a civil suit initiated by the defacto complainant and the same is pending before the District Munsif Court, Ooty. A false complaint has been registered against them in Crime No.88 of 2022, dated 11.04.2022 as if these petitioners have used to obscene language and attacked the defacto complainant Gayathri, wife of
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Crl.O.P.No.15061 of 2024
Premkumar. Therefore, the case has to be quashed, since no material to attract the ingredients of the said offences.
27.06.2024
Crl.O.P.No.15061 of 2024
Index:yes/no Speaking order:yes/no Neutral Citation:yes/no ari
To:
Crl.O.P.No.15061 of 2024
DR.G.JAYACHANDRAN,J.
ari
Crl.O.P.No.15061 of 2024
27.06.2024
1 issue framed by the court
Whether a Criminal Original Petition filed under Section 482 Cr.P.C. to quash proceedings based on a civil dispute over shop possession should be allowed.
2 provisions across 2 enactments
Bhuvaneswari
Nithiya
State represented by Inspector of Police
Gayathri
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
