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2026 Supreme(Online)(Mad) 49868
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. Dhanabal, J
Kanagavalli – Appellant
Versus
Sub Inspector of Police – Respondent
Crl.O.P.(MD)No.13234 of 2023|Crl.M.P(MD)No.10334 of 2023
For the Appellants/Petitioners: M.Jothi Basu
For the Respondents: P.Vetrivel
The High Court may quash an FIR under S. 482 Cr.P.C. when the allegations are vague, lack substantive statutory ingredients, and demonstrate that criminal proceedings are an abuse of process intended to settle private civil property disputes.
Headnote:The proceedings concern an application filed under S. 482 of the Cr.P.C. to quash a First Information Report (FIR) registered for alleged offences under S. 147 and S. 294(b) of the IPC and S. 4 of the Tamil Nadu Prohibition of Harassment of Women (TNPHW) Act. The underlying dispute involves a recurring civil pathway issue where revenue authorities had previously intervened. The court observed that the allegations were vague, lacked the essential ingredients for the charged offences, and that the dispute was essentially civil in nature arising from property disagreements. The central issue was whether the FIR disclosed prima facie offences punishable under the IPC and the TNPHW Act, or whether it constituted an abuse of the process of law. The court held that without specific details of the alleged obscene words or proof of unlawful assembly in a public place, the statutory requirements were not met. The court emphasized that criminal machinery should not be used to settle civil property disputes between parties. The final outcome is that the Criminal Original Petition is allowed and the FIR in Crime No. 82 of 2023 is quashed.
| Table of Content |
|---|
| 1. overview of underlying property dispute and fir registration timeline. (Para 2 , 6) |
| 2. summary of rival arguments regarding civil dispute vs. criminal offence. (Para 3 , 4) |
| 3. court justification for quashing due to lack of substantive ingredients. (Para 7 , 8) |
PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., to call for records in the case in Crime No.82 of 2023 on the file of the first respondent and quash the same as illegal, arbitrary, violation of law.
ORDER
This Criminal Original Petition has been filed to quash the First Information Report in Crime No.82 of 2023 on the file of the first respondent police.
2. The case of the prosecution is that the property in S.NO.77/15F, Nallamangalam Village has been classified as Pathway in revenue records. The petitioners/A1 to A5 have encroached the common pathway and therefore the defacto complainant filed a writ petition in WP(MD) No. 6324 of 2021 before this Court to remove the encroachment and the said petition was disposed of and thereafter the revenue authorities have removed the encroachment on 03.04.2023. Thereafter they again encroached the pathway and thereby the defacto complainant submitted a representation before the Tahsildhar , Rajapalayam and the said Tahsildhar forwarded the representation to the Inspector of Police, Thalavaipuaram for necessary action. Based on that on 20.04.2023 the first respondent registered a case in Crime No.82 of 2023 for the offences under Sections 147, 294(b) of IPC and Section 4 of TNPHW Act and now the said First Information Report has been challenged by the petitioners.
3. The learned counsel appearing for the petitioners would submit that there is a pathway dispute between the parties and due to enmity the second respondent lodged a false complaint before the Tahsilshar, Rajapapalayam and the said Tahsilshar forwarded the said petition to the first respondent police and based on the direction of the Tahsildhar the first respondent registered a case. The Tahsildhar has no power to direct the first respondent to register the case. Even as per the First Information there is no prima facie materials to constitute the alleged offence under Sections 147,294(b) of IPC and Section 4 of TNPHW Act. The First Information Report does not speak about the occurrence in the public place and admittedly the alleged occurrence took place in the private place and there is no unlawful assembly. Even according to the case of prosecution the alleged pathway is a common pathway and the petitioners 1,2 and 5 are women and thereby the provision under Section 4 of TNPHW Act would not attract . Already civil suit in pending in O.S.No. 96 of 2023 on the file of the District Munsif Court, Rajapalayam. Whileso, the registration of the First Information Report is nothing but abuse of process of law and thereby the First Information Report is liable to be quashed.
4. The learned Government Advocate(Crl.Side) appearing for the first respondent would submit that there is a pathway dispute between the parties and thereby encroachment was removed by the revenue authorities as per the orders of this Court in WP(MD) No.6324 of 2021 and therefore the petitioner lodged complaint before the Tahsildhar, Rajapalayam and the said complaint was forwarded to the first respondent . Based on the complaint forwarded the first respondent registered a case in Crime No.82 of 2023 for the offences under Sections147,294(b) of IPC and Section 4 of TNPHW Act and now the case is under investigation and there are prima facie materials available to constitute the offence and thereby it is a matter for trial and hence the petition has to be dismissed.
5. Heard both sides and perused the materials available on record.
6. On perusal of records it is seen that there is a pathway dispute between the parties in respect of private property . Already the defacto complainant filed a writ petition before this Court in WP(MD) No.6324 of 2021 on the file of
