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2026 Supreme(Mad) 1516

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
B. PUGALENDHI, J.
Revathi - Petitioner
Versus 
The State, Rep by Special Sub Inspector of Police - Respondent
CRL OP(MD) Nos.7012, 7450 and 8129 of 2026, CrlMP(MD)No.7562, 8044, 8750 of 2026, In Crl OP(MD)No.7012 of 2026
Decided On : 30-04-2026

Advocates Appeared:
For the Petitioner: Mr.A.Ramesh Senior Counsel for Mr.R.Ashwin
For the Respondent: Mr.R.Meenakshi Sundaram No.1 Additional Public Prosecutor, Mr.N.Anandha Padmanabhan No.2 Senior Counsel for M/S.CRM Legal

Criminal proceedings arising out of civil property disputes, registered documents and financial transfers should not be allowed to continue when foundational facts are absent or subsequent complaints intended to exert pressure.

Headnote:(A) Criminal Procedure Code (BNSS) - Section 528 - Quashing of FIR - Property dispute given criminal colour - Calling for records and quashing FIR as to petitioners concerned.

(B) Criminal Law - Distinction between civil dispute of property and criminal offences of cheating, forgery and criminal conspiracy - Absence of dishonest inducement, pre-existing entrustment or fabrication of documents at inception - Civil disputes not to be given criminal colour to enforce recovery.

(C) Criminal Procedure - Registration of FIR - Requirement of preliminary enquiry under Section 173 BNSS - Delay in lodging complaint - Allegations of documentary fraud when complainant not in jurisdiction and use of fabricated life certificates - Investigation into financial trail without harassment.

Facts of the case:
Criminal original petitions filed by accused persons to quash FIRs registered for property transfers effected through power of attorney documents between 2017 and 2022. The complainant, a septuagenarian overseas citizen, alleged that signatures on blank papers, vakalatnamas and power of attorney were obtained fraudulently leading to wrongful transfers of assets worth hundreds of crores. Separate FIR registered later for alleged act of intimidation at government office. Earlier complaint on identical facts was closed as civil dispute.

Findings of Court:
Materials collected including bank statements, auditor statements and immigration records establish prima facie case necessitating further investigation into alleged fraudulent transactions. Subsequent FIR for intimidation held to divert process and attribute motive to police. Court directs respondent police not to harass accused, to obtain materials through written communication and provide protection to complainant.

Issues: Whether property transfer dispute arising out of registered power of attorney constitutes cognizable offence of cheating and forgery justifying registration of FIR, and whether subsequent intimidation case should be permitted to continue when main investigation into financial transactions is pending.

Ratio Decidendi: Where allegations primarily involve execution of registered documents and disputed financial transactions between parties having pre-existing relationship, appropriate forum is civil court. Registration of FIR for cheating, forgery and conspiracy requires foundational facts showing dishonest inducement at inception or use of fabricated documents. Quashing is warranted when subsequent complaint is registered to exert pressure or divert investigation.

Result: Petitions in CrlOP(MD)Nos.7012 and 7450 of 2026 dismissed. Petition in CrlOP(MD)No.8129 of 2026 allowed and proceedings in Crime No.87 of 2026 quashed. Respondent police directed to conduct investigation in Crime No.36 of 2025 without harassment by written communication and provide protection to complainant.

Table of Content
1. these petitions filed by the accused to quash the proceedings. (Para 1 , 2)
2. the gist and facts of the case in the two crime numbers mentioned. (Para 3 , 4)
3. the petitioners, respondent police and the second respondent have presented their submissions. (Para 5 , 6 , 7)
4. the court considered the competing submissions, examined the allegations and materials. (Para 8 , 9 , 10 , 11 , 12 , 13)
5. balance to be maintained by the investigation and the associated directions. (Para 14 , 15)

ORDER :

B. PUGALENDHI, J.

1.These petitions are filed by the accused to quash the proceedings which is pending as against them on the file of the respective respondent police stations.

2.The criminal original petitions in CrlOP(MD)No.7012 of 2026 and CrlOP(MD)No.7450 of 2026 are filed by accused No.2 and accused Nos.9 to 12 respectively in Crime No.36 of 2025 on the file of the District Crime Branch, Thanjavur. The criminal original petition in CrlOP(MD)No.8129 of 2026 is filed by the accused in Crime No.87 of 2026 on the file of the Tamil University Police Station. The accused in Crime No.87 of 2026 are also shown as an accused in Crime No.36 of 2025 and the defacto complainant in both cases is one and the same. Therefore, with the consent of the parties, these applications are heard together and disposed by way of this common order.

3.The gist of the case in Crime No.36 of 2025 on the file of the District Crime Branch, Thanjavur is as under:

The defacto complainant one Magamatha is a septuagenarian and resident of Singapore holding an Overseas Citizen of India (OCI) card. Her husband is a businessman involved in the shipping industry at Singapore and passed away in the year 2015 leaving behind huge properties in India. There were certain litigations instituted by relatives and SARFAESI proceedings pending with regard to the properties and she was finding it difficult to manage the litigations and the properties. At that time, one Sumathi/ A7, an erstwhile employee of her husband approached her and advised her in resolving the issues. She introduced the defacto complainant to one Konguvel Chellapan / A8 working as a Public Relations Officer in a hotel in Chennai and he in turn introduced the defacto complainant to one Nagarajan/ A4, the law officer of that hotel and advocates, A6 and A1. The accused have projected as if the relatives of the de facto complainant were attempting to abduct her for the sake of properties and under the guise of defending the cases regarding the properties, the accused have obtained her signatures in blank papers, vakalatnamas and also advised her to execute power deeds to save her properties. With these power documents and blank documents, they have created various sale deeds among themselves without her knowledge and cheated her of properties to the tune of Rs.700 crores. They also broke open into the house and lockers of the defacto complainant and taken away documents, ornaments and jewels in her absence. The accused allegedly intimidated her and her children with dire consequences and therefore, she has lodged a complaint through the Consulate General of India in Singapore and thereafter lodged this complaint before the Superintendent of Police, Thanjavur in 2025. On the basis of the same, a case in Crime No.36 of 2025 was registered on 27.12.2025 for the offences under Sections 406, 409, 420, 465, 467, 468, 470, 471 IPC of the  read with Section 120B of the IPC.

4.The gist of the case in Crime No.87 of 2026 on the file of the Inspector of Police, Tamil University Police Station is as under:

The de facto complainant was present inside the Joint Registrar Office, Thanjavur on 16.03.2026 in connection with obtaining official details regarding her properties. At about 3.00pm, the accused, one Nagarajan and Senthilkumar along with unknown persons entered the office, pointed at her and watched at her in an intimidating manner creating fear and emotional distress to her. Thereafter, when the de facto complain

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