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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI
Karthick Ambasankar – Appellant
Versus
State of Tamil Nadu, Rep. by the Inspector of Police, Vellichanthai Police Station, Kanyakumari – Respondent
ORDER :
L. VICTORIA GOWRI, J.
The present Criminal Original Petition seeks quashment of the proceedings in S.T.C.No.340 of 2024 on the file of the learned Judicial Magistrate, Eraniel, arising out of Crime No.114 of 2023 registered by the first respondent police for the offences under Sections 294(b), 427 and 506(i) IPC.
Case of the Prosecution:
2. The case of the prosecution is that the second respondent/de facto complainant is the absolute owner and is in possession and enjoyment of 13 cents of land comprised in Survey No.60/11 situated at Vembanoor Village, Kanyakumari District.
3. According to the prosecution, on account of a dispute relating to the said property, the petitioners/A-1 to A-4 are alleged to have entered upon the disputed portion, caused damage to the boundary/compound structure of the de facto complainant’s property for the purpose of forming or facilitating a road, and thereby caused damage.
4. It is further alleged that when the de facto complainant questioned the petitioners regarding the said act, the petitioners abused him in filthy language, damaged the boundary structure and criminally intimidated him with dire consequences. On the basis of the complaint, the fi
Criminal proceedings are not be quashed under Section 528 BNSS when the complaint and final report prima facie disclose the ingredients of alleged offences, as disputed questions of fact regarding mo....
Criminal proceedings arising from property disputes, where allegations are vague and omnibus, constitute an abuse of process of law and should be quashed when the essential ingredients of the alleged....
Criminal proceedings are liable to be quashed under Section 528 BNSS when the final report fails to disclose the specific essential ingredients of the alleged offences, rendering the trial a futile e....
Proceedings involving counter-complaints filed without substantive evidence or proof of essential ingredients for offences like criminal intimidation and obscene acts constitute an abuse of the proce....
The court clarified that continuing prosecution without sufficient allegations amounting to criminal offenses constitutes an abuse of process under Section 528 BNSS, 2023.
The court established that civil disputes should not be mischaracterized as criminal offenses to avoid abuse of the judicial process.
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 may be quashed where the final report fails to prima facie establish the essential statutory ingredients of the alleged offences, particularly when the dispute is primarily civil....
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