BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated : 18.12.2025

CORAM

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ

Crl.R.C.(MD). No.609 of 2024

P.Nethaji ... Petitioner

Vs.

1. The Inspector of Police

Royappanpatti Police Station,

Theni District.

2. S.Murugeshwari 3. P.Sangareswaran

4. G.Saritha

(R4- is Suo Motu impleaded as per order of

this Court dated 29.07.2025) ... Respondents

PRAYER :- Criminal Revision Petition is filed under Sections 438 and 442 of BNSS, 2023, to call for the records relating to the order dated 07.05.2024 made in Crl.M.P.No.2732 of 2024 on the file of the Learned Judicial Magistrate Uthamapalayam and set aside the same and

consequently by directing the 1^st Respondent to register the FIR.

For Petitioner : Mr.V.Kishore Kumar

For Respondents : Mr.A.Thiruvadi Kumar,

Additional Public Prosecutor for R1

: Mr.V.Thirupathi for R2 & R3

: Mr.M.Suresh for R4

O R D E R

Heard Mr.V.Kishore Kumar, learned Counsel for petitioner, Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor, for first Respondent, Mr.V.Thirupathi, learned counsel for respondents 2 and 3 and Mr.M.Suresh, learned counsel for fifth respondent.

2. The present Criminal Revision Petition is filed challenging the order dated 07.05.2024 made in Crl.M.P.No.2732 of 2024, whereby, the Judicial Magistrate, Uthamapalayam has dismissed the complaint filed by the petitioner under Section 156 (3) of Cr.P.C.

3. The challenge is primarily on the premise that the Court below failed to take into account the relevance of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 in relation to the petition filed under Section 156 (3) of Cr.P.C. Before proceeding further, it may be relevant to set out very briefly the facts:

The petitioner is presently about 68 years (senior citizen). In the year 1976, petitioner was married to one Karuppayee and out of the wedlock, they had two female children, namely, Murugeshwari and Saritha, who are the second and fourth respondent herein. The second respondent was married to the third respondent, who is the Inspector of Police, Devala Police station, Nilgiris District. The fourth respondent is married to Ganesh Kumar and living with her husband in her matrimonial home. Petitioner's wife expired on 20.03.2022. Petitioner was living by himself in his house at Kamayagoundanpatti, Theni District. Petitioner would submit that during July 2023, respondents 2 and 3 requested petitioner to live with them and assured the petitioner to provide food and shelter. Pursuant to the above request, petitioner moved with respondents 2 and 3 and started living with them. Petitioner would submit that he was compelled / insisted, by respondents 2 and 3 to execute settlement deeds, in respect of properties comprised in old Natham survey No.724/ 1GA2 and new survey No.2590/4 measuring an extent of 4706 Sq. Ft in Door Nos. 28A, 28B, situated at Panjamar street, Vedha Kovil Street, Kamyagoundan path village, Theni District and in old Natham in survey No.724/ 10A2 in Re-survey No.2590/4 Pt and new survey No.2590/4B measuring an extent of 3097 Sq. Fts in Door Nos. 28A, 28B, situated at Panjamar street, Vedhakovil street, Kamyagoundanpatti Village, Theni District, in their favour.

4. Petitioner, while moving to his daughter's home, had a deposit of about Rs.50,80,000/- and also owned and in possession of 21 sovereign of gold jewels which was stated to have been kept in the bank locker of Bank of Baroda, K.K. Branch. Petitioner would state that on 09.07.2023, respondents 2 and 3 compelled petitioner to transfer the said sum of Rs.50,80,000/- and also part with 21 sovereigns of gold jewels. It was stated that the petitioner was threatened, which compelled him to part with the money, i.e., his savings and also gold jewellery. After having the settlement deed executed on 18.07.2023, and after obtaining the savings of the petitioner transferred and compelling to part with the gold jewels, petitioner was sent out by respondents 2 and 3. Petitioner then went to second daught