IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.03.2026 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.5804 of 2023

1. S.Ravi S/o. Saravanan, No.63/25, Sriji Apartments, Rajasekar Street, Royapettah, Chennai - 600 014.

2. R. Amutha W/o. S. Ravi, No.63/25, Sriji Apartments, Rajasekar Street, Royapettah, Chennai - 600 014.

..Petitioner(s)

Vs

1. The State Of Tamil Nadu Rep.By The Inspector Of Police, H1, Washermenpet, Chennai - 600 021. 2. D. Shanmugaraj S/o. A. Deenadayalan, No.73a, Perambalu Chetty Street, Old Washermenpet, Chennai - 600 021.

..Respondent(s)

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the case in C.C.No.196 of 2021 on the file of the XV Metropolitan Magistrate, George Town, Chennai and quash the same and thus render justice.

For Petitioner(s): Mr.Charles Kamalesh For Respondent(s): Mr.A. Gopinath Government Advocate (Crl. Side) for R1 No appearance for R2

ORDER

This petition has been filed to quash the proceedings in C.C.No.196 of 2021 on the file of the learned XV Metropolitan Magistrate, George Town, Chennai, thereby taken cognizance for the offence punishable under Section 420 of IPC as against the petitioners.

2. The case of the prosecutions is that the petitioners received an advance to the tune of Rs.8,00,000/- and also assured to execute a sale deed in respect of the property belonging to them in favour of the second respondent. Thereafter, the petitioners failed to execute the sale deed and also refused to return back the money which was received as advance. Hence, the second respondent lodged complaint. On receipt of the same, the first respondent registered the FIR in Crime No.315 of 2019. After completion of investigation, filed final report and the same has been taken cognizance by the trial Court in C.C.No.196 of 2021 for the offence punishable under Section 420 of IPC. To quash the said proceedings, the petitioners filed the present petition.

3. Heard the learned counsel appearing on either side and perused the materials placed before this Court. Though notice served on the second respondent, no one is present before this Court on behalf of the second respondent either by person or through counsel.

4. On perusal of the records, it is revealed that subsequently to the registration of the criminal case, the second respondent filed a suit in O.S.No.126 of 2020 on the file of the III Assistant City Civil Court, Chennai, for recovery of money of Rs.8,60,000/- and the same was referred to Lok Adalath. The matter has been settled between the petitioners and the second respondent on the following terms :-

"1. The Parties have settled for Rs.8,00,000/- as full and final quit before the Mediation centre on 03.09.2019. out of the said amount, a sum of Rs. 2,00,000/- was paid by the Defendants to the Plaintiff out of the court. The balance remains to be paid is Rs.6,00,000/-.

2. The balance sum of Rs. 6,00,000/- shall be paid by the Defendant by way of 1 monthly installments @ not less than Rs.30,000/- and not more than Rs.40,000/-.

3. The installment amount so mentioned shall be paid on or before 10^th day of every succeeding English Calendar month.

4. On the payment of entire balance of Rs.6,00,000/-, the plaintiff agreed that the criminal case filed by him will be withdrawn as per law."

Accordingly, the matter has been settled between the parties.

5. That apart, as per the complaint lodged by the second respondent no offence is made out as against the petitioners since it is only civil dispute between the petitioners and the second respondent and there is no averments to attract the offence under Section 420 of IPC. The second respondent has alleged in the complaint that the petitioners had committed offence under Section 420 of IPC. It would thus be necessary to examine the ingredients of the above offences and whether the allegations made in the complaint, read on their face, attract those offences under the Penal Code. Section 405 o