BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved On : 15.11.2024 Pronounced On : 15.05.2025 CORAM THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.O.P(MD).No.19709 of 2024 and Crl.M.P(MD).No.12140 of 2024

1.K.R.Sindhu Uma Devi

2.J.Maruthupandi

3.K.Raman

4.S.Thenmozhi

5.K.R.Prasanna Bala Murugan ... Petitioners Vs.

1.The State of Tamilnadu rep by The Inspector of Police, Central Crime Branch, Madurai City, Madurai District.

(Crime No.07 of 2023)

2.Dhanabalan Caplin ... Respondents PRAYER: Criminal Original Petition has been filed under Section 528 of BNSS., to call for the records pertaining to the impugned FIR in Crime No.07 of 2023, under Sections 120B, 420 of IPC on the file of the first respondent police dated 02.08.2023 and quash the same as illegal.

For Petitioner : Mr.D.Balamurugapandi For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor for R1 : Mr.A.V.Arun for R2

ORDER

The accused Nos.1 to 5 in Crime No.7 of 2023 have filed this petition to quash the proceedings.

2. The 2^nd Respondent's daughter and the 1^st petitioner are friends.

The 2^nd Petitioner is wife of the 1^st Petitioner. The remaining petitioners are all acquainted with the 2^nd respondent and his daughter. The 2^nd petitioner is running an IT company. All the petitioners allegedly insisted the 2^nd Respondent and his daughter to invest in the IT project with false promise that they would get double the amount of investment and believing their honeyed words the 2^nd Respondent's daughter gave more than one crore nineteen lakhs in the name of her family members. But, the petitioners failed to repay the amount and therefore he gave the complaint before the 1^st Respondent Police on 15.10.2022 and they conducted the enquiry. The petitioner undertook to repay the amount. There was no repayment and hence the 2^nd Respondent made a complaint to the Deputy Commissioner of Police, Madurai. On the basis of the complaint, the 2^nd respondent registered the case in Crime No.7 of 2023 dated 02.08.2023 for the offence U/s.420 and 120(b) IPC. To quash the said FIR, the petitioners have filed the quash petition.

3. The Learned Counsel for the petitioner would submit that, earlier the 2^nd Respondent made a complaint before the Central Crime Branch, Vishwanathapuram coming under the jurisdiction of Commissioner of Police, Madurai, and since they faced harassment, the petitioner No.1 to 4 filed Anticipatory Bail before this court in Crl.O.P.(MD).No.16894 of 2022 and this court disposed the same as the enquiry had already been conducted and the same was closed. Thereafter, the said Central Crime Branch police official harrassed them to settled the amount and hence the petitioners filed Crl.OP(MD).No.1220 of 2023 before this court seeking direction against the Commissioner of Police, Madurai, Deputy Commissioner of Police, Madurai, Inspector of Police, Central Crime Branch, Vishwanathapuram not to harrass them, under the guise of enquiry and the same was closed stating that the 2^nd Respondent gave a complaint raising money dispute against the petitioners and after enquiry, the same was ordered to be closed. In view of the above circumstances, the present complaint and registration of FIR by the Central Crime Branch, Madurai City is abuse of process of law and therefore the proceedings is liable to be quashed. Apart from that, earlier, the Policer officers closed the complaint as it is a simple money dispute. Therefore, there was no element of criminality. Only to give the criminal colour to the money dispute present complaint was given to recover the amount through the police officers.

4. The Learned Counsel for the Defacto-complainant the 2^nd Respondent would submit that, all the necessary ingredients to constitue the offence U/s.420 IPC are clearly made out in the FIR. All the petitioners conspired together to cheat the 2^nd Respondent and his family members and received whooping amount of rupees one crore sixteen lakhs and failed to repay the amount. They made the false promise