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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
L.VICTORIA GOWRI
Velraj – Appellant
Versus
State of Tamil Nadu, Represented by its The Inspector of Police – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 2 , 4 , 5) |
| 2. arguments concerning civil vs. criminal nature (Para 3 , 6 , 8 , 9 , 17 , 18) |
| 3. analysis of elements of criminal offences (Para 12 , 13 , 15 , 16 , 20) |
| 4. ratio decidendi regarding prosecution and quashment (Para 14 , 19 , 23) |
| 5. final conclusion and order of the court (Para 21 , 22 , 24) |
ORDER :
L.VICTORIA GOWRI, J.
Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 Cr.P.C.), to call for the records pertaining to the final report in C.C.No.1600 of 2025 on the file of the learned Judicial Magistrate–VI, Madurai, arising out of Crime No.32 of 2024 dated 18.01.2024 on the file of the first respondent police, and to quash the same as illegal.
Preface:
2. The petitioner is the sole accused in C.C.No.1600 of 2025, pending on the file of the learned Judicial Magistrate–VI, Madurai, arising out of Crime No.32 of 2024 registered on 18.01.2024. The final report alleges commission of offences under Sections 406 and 420 IPC (corresponding to Sections 316 (2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023).
3. The petitioner seeks quashment of the fina
Absence of 'entrustment' negates prosecution for Section 406 IPC, while sufficient allegations of deception necessitate continuation of Section 420 IPC charges.
The court held that mere breach of contract does not constitute a criminal offence of cheating or criminal breach of trust, emphasizing the necessity of fraudulent intent from inception.
Point of law : exercise powers under Section 482 CrPC, the complaint in its entirety shall have to be examined on the basis of the allegation made in the complaint/FIR/charge-sheet and the High Court....
FIR quashed in loan-mortgage dispute lacking dishonest intent at inception or entrustment; 8-year delay, counterblast after civil suit render proceedings abuse of process, purely civil matter.
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