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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. Ilanthiraiyan, J
K. Deepan – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. summary of facts involving recurring neighbourly disputes and cross-firs. (Para 1 , 2 , 3 , 4 , 5) |
| 2. requirement of proof of annoyance for s.294(b) ipc offences. (Para 7) |
| 3. threshold requirement for real, actionable threats under s.506(i) ipc. (Para 8 , 9) |
| 4. criteria for quashing proceedings due to malafide intent or abuse of process. (Para 10) |
| 5. absence of ingredients for wrongful restraint and final order on quashing. (Para 11 , 12) |
ORDER
This Criminal Original Petition has been filed seeking to quash the FIR registered in Crime No.261 of 2023 on the file of the first respondent.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The case of the prosecution is that the petitioners threatened the defacto complainant and quarrelled with her using unparliamentary words in order to prevent the construction of her house.
4. A perusal of the records and the submissions made by the learned counsel appearing on either side reveals that a counter case was lodged as against the second respondent in Crime No.260 of 2023 on the file of the first respondent by the first petitioner herein. However, the said FIR was quashed by
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