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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
L.VICTORIA GOWRI
S.Ramesh – Appellant
Versus
State of Tamil Nadu, Rep. by, The Inspector of Police – Respondent
| Table of Content |
|---|
| 1. underlines the factual basis of alleged criminal acts in a property dispute. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. highlights the petitioner’s argument against misuse of criminal law for civil disputes. (Para 8 , 9 , 10 , 11) |
| 3. evaluates the relationship between civil disputes and criminal allegations. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 4. assesses the sufficiency of evidence in supporting criminal charges stemming from civil claims. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 5. determines the abuse of process due to civil nature of the matter requiring quashing of proceedings. (Para 30 , 31) |
| 6. concludes with the dismissal of criminal proceedings and reinforces the importance of civil adjudication. (Para 32 , 33) |
ORDER :
L.VICTORIA GOWRI, J.
Preface:
The inherent jurisdiction of this Court under 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 and is exercised sparingly, yet, where the criminal process is demonstrably deployed as a weapon in a civil dispute, the Hon'ble High Court would be failing in its constitutional duty if it does not intervene at the thre
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.
Criminal proceedings arising from a genuine civil property dispute, which lack the essential statutory ingredients for the alleged penal offences and are invoked merely to exert pressure, are liable ....
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 ....
Criminal proceedings stemming from civil disputes must reveal substantial criminal elements; otherwise, they serve as a misuse of process and warrant quashing.
Criminal proceedings should not be pursued when the dispute is purely civil and lacks essential elements of a cognizable offence, to prevent misuse of criminal law.
Criminal proceedings cannot be quashed merely due to related civil disputes; both can coexist if criminal allegations substantiate independent wrongful conduct.
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