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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
L.VICTORIA GOWRI
Sugarthi @ Barshiya, Nizam Baizal – Appellant
Versus
State of Tamilnadu, The Inspector of Police – Respondent
ORDER :
L. Victoria Gowri, J.
The petitioner seeks to quash the criminal proceedings in CC No.890 of 2022 on the file of the Judicial Magistrate No.IV, Thoothukudi dated 22.07.2022.
2. The learned counsel appearing for the petitioners categorically contended that the final report in CC No.890 of 2022 is an abuse of process of law, where the respondent police has attempted to give a criminal color to a civil dispute. The defacto complainant and accused persons are the legal heirs of one TMK Ettappan Raja. The de facto complainant is the legal heir of the first wife of the TMK Ettappan Raja and all the accused are the legal heirs of the second wife of the TMK Ettappan Raja. On 20.01.1985, three settlement deeds were executed in favour of one Sampath Udhayakumar Pandian, who is the son of TMK Ettappan Raja through his second wife Kamalambigai. Thereafter, the said Sampath Udhayakumar Pandian had executed a will dated 10.05.2006 in favour of the first petitioner herein. The first petitioner is the daughter of the said Sampath Udhayakumar Pandian and the second petitioner is her husband.
3. At the first instance, on the complaint of the defacto complainant, namely, Thangasamy, who is the so
Criminal proceedings cannot pursue allegations of forgery if the accused were not the makers of the documents, emphasizing the distinction between civil and criminal disputes.
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.
Civil disputes should not be framed as criminal offences when no fraudulent intent is evident, as it constitutes an abuse of legal processes.
It is well settled that in order to constitute an offence of cheating, it must be shown that the accused had fraudulent or dishonest intention at the time of making the representation or promise and ....
The court established that allegations of forgery and cheating can coexist with civil disputes, allowing for criminal proceedings to continue.
Section 465 of IPC deals with punishment for forgery.
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.
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