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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D. JAGADISH CHANDIRA, J
Sundar – Appellant
Versus
State represented by The Inspector of Police – Respondent
| Table of Content |
|---|
| 1. facts of kidnapping and coercion regarding property (Para 1 , 2 , 3) |
| 2. arguments on civil vs criminal nature of dispute (Para 4 , 6 , 7 , 8 , 11) |
| 3. legal distinction between criminal breach of trust and cheating (Para 5) |
| 4. court's analysis on fir malice and legal principles (Para 9 , 10 , 12 , 13 , 14 , 15) |
| 5. conclusion on quashing fir due to abuse of process (Para 16 , 17) |
ORDER
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 a
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