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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI
Joseph – Appellant
Versus
State of Tamil Nadu, Rep. by. The Inspector of Police, Kalaiyarkovil Pol – Respondent
ORDER :
L.VICTORIA GOWRI, J.
Preface:
The inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (corresponding to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023) is intended to prevent abuse of process and to secure the ends of justice. The power is extraordinary, to be exercised sparingly, and only when the complaint/charge sheet, even if taken at face value, does not disclose the commission of any offence, or when the proceedings are demonstrably vexatious, mala fide, or legally untenable.
2. The present petition is filed to quash the proceedings in C.C.No.195 of 2023 on the file of the learned Judicial Magistrate No.I, Sivagangai, arising out of Crime No.565 of 2012, registered for offences under Sections 147 , 148, 447, 294(b), 506(ii) IPC and Section 3 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act (hereinafter “TNPPDL Act”).
Facts in brief:
3. The case of the prosecution, as borne out from the final report and the materials placed, is that the second respondent/de facto complainant, stated to be the Chairman of Kalaiyarkovil Panchayat Union, was running a stone workshop in Survey No. 197/14A1 at Mettupa
The court ruled that criminal proceedings arising from civil disputes constitute an abuse of legal process, quashing the charge under the special statute while retaining specific IPC allegations for ....
The inherent jurisdiction under Section 528 BNSS prevents criminal prosecution from being used as a tool in a civil dispute, especially in cases lacking substantial criminal evidence.
The court established that civil disputes should not be pursued as criminal cases to prevent abuse of legal processes.
The court emphasized that inherent powers under Section 482 of the Cr.P.C. should be exercised sparingly to prevent abuse of process and secure ends of justice, especially when allegations do not con....
The existence of civil proceedings does not preclude criminal prosecution when allegations disclose cognizable offences, affirming the concurrent nature of civil and criminal jurisdictions.
Inherent powers under Section 482 of Cr.P.C. can quash criminal proceedings when no prima facie case is established, preventing abuse of legal process.
The pendency of a civil suit does not affect the criminal proceedings, and both can proceed simultaneously. The Court also emphasized the limited scope of interference at the stage of quashing charge....
The High Court has the authority to quash criminal proceedings when allegations are improbable and do not constitute an offense, especially when they arise from civil disputes.
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