S.Kudiarasi v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN S.Kudiarasi ... Petitioner Vs.

1. State Rep. by Inspector of Police Gobichettipalayam Police Station, Erode District (Crime No.433 of 2024)

2. Palanisamy

3. Someswaran

4. Velumani ... Respondents Prayer: Criminal Original Petition filed under Section 528 of BNSS to call for the records and quash the FIR in Crime No.433 of 2024 on the file of the first respondent police in respect of this petitioner. 1/6

For Petitioner : M/s.R.Soniaglory For 1 st Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner to quash the FIR in Crime No.433 of 2024 on the file of the first respondent police in so far as the petitioner is concerned.

2. The case of the prosecution is that the petitioner along with other accused, cheated the defacto complainant and others to the tune of Rs.1,60,00,000/- by conducting unregistered auction chit. Hence, the FIR in Crime No.433 of 2024 was registered against the petitioner and two others for the offence under Sections 120B, 420 of IPC and 76(1) of the Chit Funds Act, 1982.

3. The learned counsel for the petitioner submitted that the petitioner/A3 is no way connected with the alleged offence. Except introducing the 2/6

respondents 3 and 4 to A1, she has not committed any offence. He further submitted that now the petitioner and the respondents 3 and 4 have entered into compromise and settled the dispute. Hence, he prayed to quash the FIR.

4. The learned Government Advocate (Crl. Side) appearing for the first respondent police submitted that there are totally 8 victims/depositors and out of which, only 2 victims/depositors have been settled and the remaining 6 victims/depositors have not been settled.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the first respondent police and also perused the materials available on record.

6. Since no adverse order is being passed against the respondents 2 to 4, notice to the respondents 2 to 4 is dispensed with.

7. A reading of the FIR shows that there are prima facie materials to proceed with the case. Therefore, this Court is not inclined to quash the FIR. 3/6

8. Accordingly, this Criminal Original Petition is dismissed at the admission stage itself.

03.06.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 4/6

To

1. The Inspector of Police Gobichettipalayam Police Station Erode District

2. The Public Prosecutor High Court of Madras 5/6

P.VELMURUGAN. J.

Ksa-2 03.06.2025 6/6