The High Court may exercise its inherent power under Section 482 of the CrPC to quash an FIR if the proceedings are initiated merely as an act of vengeance in relation to civil disputes, thereby constituting an abuse of legal process.

ORDER

This Criminal Original Petition has been filed seeking to quash the FIR registered in Crime No.328 of 2023 on the file of the first respondent.

2. The case of the prosecution is that the defacto complainant, who is the daughter of the first accused and cousin of the petitioner, had lodged a complaint alleging that the accused had abused her in filthy language, assaulted her and threatened her with dire consequences.

3. Based on the said complaint, the first respondent registered an FIR in Crime No.328 of 2023 for the offences under Sections 294(b), 323 and 506(ii) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of women Act, 2002.

4. Heard the learned counsel appearing on either side and perused the materials available on record.

5. A perusal of the records reveals that the second respondent is none other than the younger daughter of the first accused. Owing to matrimonial dispute, she has been residing with the first accused. The elder daughter of A1 is also facing matrimonial disputes and is residing with him. At that juncture, the first accused advised both daughters to return to their respective matrimonial homes and live with their husbands. However, both of them refused to do so and subsequently filed a suit for partition in O.S.No.308 of 2023 as against the first accused on the file of the I Additional District and Sessions Judge, Thiruvallur. According to the petitioners, in order to claim a share in the property, a false complaint has been lodged against the first accused.

6. In view of the above, no offence is made out on the basis of the allegations levelled against the accused. Therefore, the impugned FIR cannot be sustained and is liable to be quashed as against all the accused persons. Accordingly, the FIR registered in Crime No.328 of 2023 on the file of the first respondent, is hereby quashed as against all the accused persons.

7. In the result, this Criminal Original Petition stands allowed.

Consequently, connected miscellaneous petition is closed.