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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR
R.Eswar – Appellant
Versus
State Rep by its, The Sub-Inspector of Police, DCB, Anti Land Grabbing Special Cell – Respondent
| Table of Content |
|---|
| 1. petition to quash trial proceedings against a7. (Para 1 , 2) |
| 2. prosecution case of forged property sale. (Para 3 , 6) |
| 3. petitioner's defence: delay, civil dispute, compromise. (Para 4 , 5) |
| 4. settlement via alternate property confirmed. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 5. quashing allowed per supreme court guidelines. (Para 13 , 14) |
ORDER :
M. Nirmal Kumar, J.
The petitioner/A7 in C.C.No.350 of 2016 facing trial for offence under Sections 120(b), 420, 465, 468 & 471 IPC before the learned Judicial Magistrate No.II, Chengalpet, has filed this Criminal Original Petition.
2.Since the defacto complainant Raji died on 17.09.2019, his legal heir Mr.Jagadeesan impleaded as R2 by order dated 09.04.2026 in Crl.M.P.No.6346 of 2026 in Crl.O.P.No.13728 of 2025. Likewise Mahindra World City Developers Limited (formerly known as Mahindra Industrial Park Limited) impleaded as R3 by order dated 09.04.2026 in Crl.M.P.No.6348 of 2026 in Crl.O.P.No.13728 of 2025.
3.Case of the prosecution is that the defacto complainant Raji, S/o.Kanthappa Naicker lodged a complaint on 17.06.2013 and a case in Crime No.48 of 2013 registered. The complaint is that the defacto complainant inherited propertie
High Court can quash non-compoundable offence proceedings under Section 482 Cr.P.C. if parties settle dispute amicably and no public interest involved.
Quashing non-compoundable forgery proceedings permissible post-family settlement under Section 482 CrPC per Supreme Court guidelines.
The main legal point established is that the documents furnished by the petitioner, including the decree from the civil court, were of sterling quality and played a crucial role in quashing the charg....
The main legal point established in the judgment is the court's discretion to frame charges based on prima facie evidence, even in cases involving civil disputes and criminal prosecution.
The court can exercise its inherent jurisdiction under Sec. 482 Cr.P.C to quash criminal proceedings if they amount to an abuse of the process of the court or if quashing the proceedings would serve ....
Criminal proceedings cannot be initiated for civil disputes, and jurisdiction under Section 482 CrPC should be exercised to prevent abuse of the court process.
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