The distinction between civil disputes and criminal offences is crucial, with criminal liability requiring proof of dishonest intention from the outset, which was not established in this case.

ORDER :

A.D. Jagadish Chandira, J.

This criminal original petition seeks quashment of the First Information Report in Cr.No.13 of 2025 dated 11.04.2025 on the file of the first respondent police.

2. Given the facts obtaining in this case, it becomes imperative for this Court to deal with the case of the prosecution a little threadbare and the same is accordingly given as under:

2.1 The second respondent/de facto complainant (Amraram) entered into a sale agreement on 26.10.2017 with the first accused (Krishnamurthy) in respect of the property measuring 58 cents in S.No.20/2A1 in Navalur Village for a total consideration of Rs.7,31,09,000/- which was paid by him in several instalments in the form of cheques and cash.

2.2 While so, the second respondent/de facto complainant came to know about the title dispute between the first accused and one Manoharan, the second accused herein, with regard to the property in question.

2.3 When things stood thus, the first accused approached one Sundar, Proprietor of Bhoomi Builders (fourth accused/petitioner herein), who, joining hands with the first and second accused and also the Sub Registrar, Thiruporur (fifth accused), created a document giving joint title to the first and second accused, pending a civil suit.

2.4 While so, on 16.09.2022, the second respondent/de facto complainant was asked to come near the Light House in Marina Beach from where he was kidnapped to the Office of the Sub Registrar, Thiruporur and was made to cancel the sale agreement dated 26.10.2017 entered into between him and the first accused. Not stopping with that, a sale deed was executed qua the same property in favour of one Premium Prosperity Infra Pvt. Ltd., a sister concern of Bhoomi Builders owned by the fourth accused/petitioner, to which, the second respondent/de facto complainant was coerced to sign as an attesting witness. Further, the second accused made the Sub Registrar, Thiruporur, cancel the sale deed dated 24.08.2018 presented by the second respondent/de facto complainant stating that the order passed in W.P.No.21202 of 2018, inter alia, prohibits any transaction with regard to the property in question. On the same day, the first accused transferred an amount of Rs.60 lakhs by way of NEFT to the second respondent/de facto complainant.

2.5 Hence, on a complaint lodged by the second respondent/de facto complainant, a case was registered in D-5 Marina Police Station Cr.No.259 of 2022 for the offences under Sections 143, 347, 365, 323 and 506(I) IPC against the accused 1 to 3 herein and some others and the said case is pending trial in C.C.No.6703 of 2023 on the file of the II Metropolitan Magistrate Court, Egmore.

2.6 Since the title deeds in respect of the property in question were with the second respondent/de facto complainant, he was threatened to hand over the same to the accused and unable to withstand their torture, he left for Rajasthan on 10.11.2024 handing over all the original documents in his possession to his brother’s son Bhundaram, smelling which, the accused tortured Bhundaram too demanding original documents.

2.7 Upon being called by his nephew on 04.03.2025 and informed that he was tortured by the accused demanding original title deeds, he (second respondent/de facto complainant) returned to Chennai from Rajasthan and lodged the complaint for the act of the accused in grabbing the original documents from his custody to make their sale deed genuine.

3. Before proceeding further, it becomes equally imperative to discuss tersely the prosecution case in the FIR in Cr.No.259 of 2022 which was registered for the offences under Sections 143,347,365,323 and 506(I) IPC, pursuant to the complaint given by the second respondent/de facto complainant and the same is as under:

3.1 On 16.09.2022, at around 7.30 a.m., the de facto complainant was asked to come by one Senthamizh (second accused therein) near the Light House in Marina Beach and when he went there, he was abducted by four persons to the Office of th