##PAGE1##

Crl.O.P.No.7677 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2026

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.O.P.No.7677 of 2023 and Crl.M.P.Nos.4909 & 4910 of 2023

1. Baskar S/o.K.Muthusamy

2. Shanthi @ Yalini W/o. Baskar,

Both are residing at

33, Appu Muthali Street, Mylapore, Chennai – 600 004.

..Petitioner(s)

Vs

1. State rep. By The Assistant Commission of Police,

Central Crime Branch, EDF-I Wing,

Vepery, Chennai – 600 007.

2. K.Harikrishnan, S/o.Kabli,

No.14, Ramakrishnapuram, 5^th Street, Mylapore,

Chennai – 4.

..Respondent(s)

Page 1 of 10

https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/05/2026 02:21:18 pm )

Crl.O.P.No.7677 of 2023

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to C.C.No.793 of 2023 on the file of the XI Metropolitan Magistrate, Saidapet, Chennai, herein and quash the same as

devoid of merits and without prima facie case.

For Petitioner(s): Mr.Nissar Hussain for Mr.R.Sankarasubbu

For Respondent(s): Mr.A.Gopinath Government Advocate (Crl. Side) for R1

Mr.E.Senthilkumar for M/s.Sampath Kumar and Associates for R2

ORDER

This petition has been filed to quash the proceedings in

C.C.No.793 of 2023 pending on the file of the learned XI Metropolitan Magistrate, Saidapet, Chennai, thereby taking cognizance for the offences punishable under Sections 427, 448 & 506(ii) of IPC, as against the petitioners.

2. The case of the prosecution is that the second respondent had

purchased the property being ground floor and a portion of the second floor from the mother and brother of the first petitioner vide registered sale deed dated 25.11.2016. However, the petitioners broke open the second respondent’s

Page 2 of 10

https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/05/2026 02:21:18 pm )

Crl.O.P.No.7677 of 2023 house and claimed to be belonging to the petitioners and also threatened the second respondent with dire consequence. Hence, the second respondent lodged complaint as against the petitioners and on receipt of the said complaint, the first respondent registered the FIR in Crime No.179 of 2019 for the offences punishable under Sections 427, 448 & 506(ii) of IPC. After completion of investigation, they filed final report and the same has been taken cognizance in C.C.No.793 of 2023 for the offences punishable under Sections 427, 448 & 506(ii) of IPC, as against the petitioners. To quash the said

proceedings, the petitioners filed the present petition.

3. The learned counsel appearing for the petitioners submitted that

the first petitioner’s mother and brother filed a suit in O.S.No.3126 of 2012 for declaration, mandatory and permanent injunction. That part, the first petitioner also filed suit in O.S.No.2429 of 2012 for injunction. The civil Court tried both the suits together and decreed the suit filed by the first petitioner and dismissed the suit filed by the mother and bother of the first petitioner. Further, the second respondent herein filed suit in C.S.No.345 of 2019 before this Court for recovery of possession and it is pending for adjudication even till today. The offences under Sections 427, 448 & 506(ii) of IPC, are not at all attracted as against the petitioners, when the civil suits are pending for the very same

Page 3 of 10

https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/05/2026 02:21:18 pm )

Crl.O.P.No.7677 of 2023 property and therefore no criminal proceedings can be sustained. In support of his contention he relied upon the judgment of this Court dated 11.03.1994 made in Crl.O.P.Nos.995 & 1944 of 1991 in the case of Pastor Dharmaraj

Johnson and 12 ors Vs. State. Hence, he prayed to allow this petition.

4. The learned counsel appearing for the second respondent

submitted that the second respondent lodged complaint in the year 2016 itself. However, due to the political influence by the petitioners, it was registered only in the year 2019. The second respondent also filed a suit in C.S.No.345 of 2019 and it is pe