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2023 Supreme(Online)(MAD) 16633

HIGH COURT OF MADRAS
Hon`ble Mr.Justice P. DHANABAL
Vijaya – Appellant
Versus
The Inspector of Police – Respondent


ORDER

This criminal original petition has been filed to quash the first information report in Cr.No.455 of 2020 pending on the file of the first respondent police.

2.According to the petitioners, based on the complaint given by the second respondent, the first respondent police have registered case in Cr.No.455 of 2020 for the offence under Sections 109, 416, 419, 420, 463, 464, 465, 467, 468, 471 IPC. The prosecution case is that the defacto complainant has preferred complaint before the learned Judicial Magistrate, Tenkasi in Crl.M.P.No.6 of 2020 alleging that already suit was filed before the Principal Sub Court, Tenkasi in O.S.No.79 of 2007 for the relief of partition and separate possession. As per order in I.A.No.60 of 2009 dated 16.12.2010 and as per final decree, properties were allotted to the respective shares of the parties. The properties in Item No.1 and 2 mentioned in the petition were undivided property and final decree itself it was stated that it is in-divisible and thereby, it is common property to the defacto complainant as well as the accused. While so, A1 to A5, on 27.11.2019 created document in Doc.No.5152 of 2019 for partition, in that property, the defacto co

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