Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, J
Devendran – Appellant
Versus
State Represented By The Inspector Of Police – Respondent
ORDER :
G.K.ILANTHIRAIYAN, J.
This petition has been filed to quash the F.I.R. in Crime No. 736 of 2022 registered by the first respondent police.
2(i). The case of the prosecution is that the second respondent/defacto complainant is the brother of first accused by name Prem Kumar. The first accused had settled along with his wife in United Kingdom (London). While being so, on 28.01.2022, the father of the first accused and the second respondent/defacto complainant died intestate, leaving behind them as his legal heirs. On 01.02.2022, the first accused has filed an on-line application seeking issuance of legal heirship certificate in the name of the second respondent/defacto complainant without his consent that too by forging his signature.
2(ii) The further case of the prosecution is that on receipt of such application, the Revenue Officials have visited the second respondent's/defacto complainant's house for field verification on 07.02.2022. Thereafter, the second respondent/defacto complainant came to understand that his signature was forged and fraudulently applied for legal heirship certificate.
2(iii) It is also the case of the prosecution that the first accused has come from Lond
The court held that criminal proceedings should not be misused for civil disputes, emphasizing the need for caution to prevent abuse of process.
Criminal charges cannot be sustained without clear evidence of criminal intent, especially in disputes primarily concerning civil rights.
The court emphasized that speculative allegations without substantial evidence cannot sustain criminal proceedings, and individuals possess the right to manage their property affairs without undue in....
Forgery – Charge of forgery cannot be imposed or sustained against a person against whom prima facie allegation of making false letter in question has not been established.
The court established that civil disputes can coexist with criminal allegations, and the merits of such allegations must be determined through trial, not preemptively dismissed.
Absent core elements of deception and harm, allegations of forgery and cheating in the context of legal heirs and land mutation do not warrant criminal prosecution.
Point of Law : Power conferred under Section 482 of the Code to quash criminal proceedings for non-compoundable offences under Section 320 of Code can be exercised having overwhelmingly and predomina....
The court emphasized that criminal proceedings should not be misused for personal vendettas, requiring clear evidence of criminal intent for prosecution under IPC.
Mere pendency of suit cannot be made a ground for quashing criminal proceedings – Entire prosecution story could not be disbelieved on the ground of delay.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
