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R.Rajagopal v. The Inspector of Police

Madras HC3 Jan 2025CRL OP(MD)/18383/2023

Case brief

AI extract

What is this about?

Madurai Bench of Madras High Court; CRL.OP(MD) No.18383 of 2023; N.Anand Venkatesh J.; Section 482 CrPC quash petition; FIR Crime No.184 of 2023 dated 20.07.2023; Sections 294(b) 323 506(i) IPC; C.C.No.1675 of 2023 Judicial Magistrate No.IV Madurai; property partition dispute given criminal colour; ipse dixit of defacto complainant; abuse of process of law; civil suit O.S.No.126 of 2024 I Additional District Court Madurai; proceedings quashed; petitioners R.Rajagopal R.Radhika Sriman S.Mahendran; respondent N.Lakshmanan; South Gate Police Station.

What did the court decide?

Criminal Original Petition allowed; proceedings pending in C.C.No.1675 of 2023 on the file of the learned Judicial Magistrate No.IV, Madurai quashed; connected miscellaneous petition (CRL.MP(MD). No.14511 of 2023) closed. ¶32

R.Rajagopal Vs The Inspector of Police — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceedings in C.C.No.1675 of 2023 (arising from FIR in Crime No.184 of 2023 for offences under Sections 294(b), 323 and 506(i) IPC) ought to be quashed, the underlying dispute being essentially civil in nature.

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Court's answer

Except for the ipse dixit of the 2nd respondent, no other materials are available to sustain the charges against the petitioners, and even the reading of the entire allegations does not make out any offence against the petitioners.

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Ratio / Principle

The matter is a purely civil property dispute attempted to be given a criminal colour; continuation of the proceedings will result in abuse of process of law and aggravate the situation, justifying interference.

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Key takeaways

The Court directed that none of the parties will resort to any violence and that the parties will agitate their rights only before the competent Civil Court where the partition suit is pending.ratio¶31

Detailed headnote1 paragraphs

Quashing of criminal proceedings – offences under Sections 294(b), 323 and 506(i) IPC arising from FIR in Crime No.184 of 2023 – allegation of abuse, assault and threat during a wordy quarrel over insistence on partition of property – substantial partition suit (O.S.No.126 of 2024) already pending before the I Additional District Court, Madurai – except for the ipse dixit of the defacto complainant, no materials sustain the charges and the entire allegations do not make out any offence – purely civil dispute attempted to be given criminal colour; continuation would amount to abuse of process of law – charge sheet in C.C.No.1675 of 2023 on the file of the Judicial Magistrate No.IV, Madurai quashed; criminal original petition under Section 482 CrPC allowed; connected miscellaneous petition closed; parties directed not to resort to violence and to agitate their rights only before the competent Civil Court.

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CRL.OP(MD). No.18383 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 03.01.2025

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CORAM

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THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

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CRL.OP(MD). No.18383 of 2023 and CRL.MP(MD). No.14511 of 2023

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1.R.Rajagopal

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2.R.Radhika

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3.Sriman 4.S.Mahendran ... Petitioners / Accused Vs. 1.State represented by The Inspector of Police, South Gate Police Station, Madurai District. (Crime No.184 of 2023) ... Respondent/ Complainant 2.N.Lakshmanan ... Respondent / Defacto Complainant

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PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records pertaining to the impugned charge sheet in C.C.No.1675 of 2023 on the file of the learned Judicial Magistrate No.IV, Madurai in FIR in Crime No.184 of

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https://www.mhc.tn.gov.in/judis

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CRL.OP(MD). No.18383 of 2023

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2023 on the file of the respondent police, Madurai District dated

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20.07.2023, offences under Sections 294(b), 323, 506(i) of IPC and quash the same.

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For Petitioner : Mr.A.Ganesan For R1 : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) For R2 : Mr.B.Chandramohan

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ORDER

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This petition has been filed to quash the proceedings pending in in C.C.No.1675 of 2023 on the file of the learned Judicial Magistrate No.IV, Madurai.

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The 2^nd respondent gave a complaint to the 1^st respondent stating that on 17.04.2023 at about 19.15 hours, the accused persons came to the house of the 2^nd respondent and started abusing him in filthy language and also attacked him with hands and legs and threatened him with dire consequences. This incident had taken place since the accused persons were insisting for partitioning the property. Based on this complaint, the

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https://www.mhc.tn.gov.in/judis

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CRL.OP(MD). No.18383 of 2023

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FIR came to be registered in Crime No.184 of 2023 by the 1^st respondent.

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On completion investigation, the police report was filed before the learned Judicial Magistrate No.IV, Madurai for offence under Sections 294(b), 323 and 506(i) of IPC and the same has been taken on file in C.C.No.1675 of 2023 and the process has been issued to the petitioners. Aggrieved by the same, the present quash petition has been filed before this Court.

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In the considered view of this Court, there is a property dispute between the parties. It is also brought to the notice of this Court that a suit is now pending in O.S.No.126 of 2024 filed by the 2^nd respondent and 3 others seeking for the relief of partition before the learned I Additional District Court, Madurai. When the accused persons were discussing about the same with the 2^nd respondent, the incident had taken place. Probably, there was a wordy quarrel and the accused persons had abused the 2^nd respondent in filthy language and also threatened him.

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Considering the relationship between the parties and also considering the fact that a substantial suit is now pending before the

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https://www.mhc.tn.gov.in/judis

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CRL.OP(MD). No.18383 of 2023

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competent Civil Court and except for the ipse dixit of the 2^nd respondent,

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no other materials are available to sustain the charges against the petitioners and even the reading of the entire allegations do not make out an offence against the petitioners and a dispute which is purely civil in nature is attempted to be given a criminal colour, this Court is inclined to interfere with the proceedings pending before the Court below. This Court also makes it clear that none of the parties will resort to any violence and the parties will agitate their rights only before the competent Civil Court where the suit is pending. The continuation of the proceedings will only result in abuse of process of law and it will only aggravate the present situation.

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In the light of the above, the proceedings pending in C.C.No. 1675 of 2023 on the file of the learned Judicial Magistrate No.IV, Madurai is hereby quashed and this criminal original petition is allowed. Consequently, the connected miscellaneous petition is closed.

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03.01.2025

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NCC : Yes / No Index : Yes / No Internet : Yes / No pal 4/6

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https://www.mhc.tn.gov.in/judis

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CRL.OP(MD). No.18383 of 2023

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