Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI
S. Karthik Prasanna – Appellant
Versus
State of Tamilnadu, Rep. by. the Sub Inspector of Police, Thirumangalam Police Station, Madurai – Respondent
ORDER :
L. VICTORIA GOWRI, J.
The present petition arises out of a village property dispute which has spilled over into a criminal prosecution. The petitioner seeks quashment of the final report which now survives only for the offences under Sections 296(b) and 115(2) BNS. The original complaint appears to have been much wider, involving several accused and several offences, but the final report has been restricted to the aforesaid two offences.
Case of the Prosecution:
2. The second respondent/de facto complainant claims that he had purchased the disputed property in the year 2005. According to him, on the date of occurrence, the petitioner and others entered the church premises, questioned the de facto complainant, abused him in obscene language, threatened him and caused hurt.
3. The complaint initially appears to have alleged that nearly eleven persons were involved in the occurrence. However, during investigation, the police deleted several persons and also dropped some of the offences originally mentioned in the FIR. Ultimately, the final report has been filed only against the petitioner for the offences under Sections 296(b) and 115(2) BNS. The prosecution would rely upon the com
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....
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 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 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....
Petitioners can quash an FIR if the allegations do not constitute a cognizable offense under the law, supported by factual assessment.
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 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 ....
Inherent jurisdiction under Section 528 BNSS to quash proceedings must be exercised sparingly; omnibus allegations without specific overt acts against a peripheral accused who is a mere employee just....
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
