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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. Ilanthiraiyan, J
Kathirvel @ Parthiban – Appellant
Versus
State Rep By Inspector Of Police – Respondent
| Table of Content |
|---|
| 1. initiating criminal complaints following pending civil/statutory litigation as a pressure tactic constitutes an abuse of process. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. for offenses like obscenity and criminal intimidation under ipc, specific proof of annoyance and real, non-trivial threats is essential. (Para 7 , 8 , 9 , 10) |
| 3. high courts must exercise section 482 crpc powers to quash proceedings when civil disputes are dressed as criminal offenses to wreck vengeance. (Para 11 , 12 , 14) |
ORDER
This Criminal Original Petition has been filed seeking to quash the FIR registered in Crime No.226 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. Based on the complaint lodged by the second respondent, the first respondent registered an FIR in Crime No.226 of 2023 for the offences punishable under Sections 294(b), 506(i) and 420 of IPC, alleging that the second respondent borrowed a sum of Rs.5,00,000/- on 17.02.2022 from the first petitioner. After receipt of the said amount, the second respondent issued a post-dated cheque for a sum of Rs.5,00,000/-. When the said cheque was presen
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