Madras High CourtCRL OP/28299/2025dismissed

Prakash v. K.Vachala

2025-10-16Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR and Crl.M.P.Nos.19159 and 19160 of 2025

1. Prakash

2. Geetha ... Petitioners Vs.

K.Vachala W/o.J.Sivasubramaniam Rep. by her Power Agent J.Sivasubramaniam MKG 289, New Temple Hudco R.K.Road, Hosur, Krishnagiri District - 635 109 ... Respondent PRAYER : Criminal Original Petition filed under Section 528 of B.N.S.S. to call for the records in C.C.No.115 of 2025 on the file of the District Munsif cum Judicial Magistrate, Karimangalam and quash the same. For Petitioners : Mr.C.Munusamy 1/4

O R D E R

This Criminal Original Petition has been filed to quash the private complaint filed against the petitioners in C.C.No.115 of 2025 on the file of the District Munsif cum Judicial Magistrate, Karimangalam, for the offences under Sections 120(b), 468, 469, 471 and 420 IPC.

2. The contention of the petitioners is that the private complaint is with regard to issuance of Patta and that the DRO has already passed an order in this regard and therefore, the private complaint is an abuse of process of law.

3. The allegations in the private complaint is that the petitioners, having already gifted the property to the local bodies, have sold the same property to the respondent/complainant.

4. Considering the above aspects, this Court is of the view that the petitioners can work out their remedy before the trial Court. At this stage this Court is not inclined to quash the private complaint.

5. Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petitions are closed.

6. However, considering the submissions of the learned counsel for the petitioners, the personal appearance of the petitioners before the trial Court is dispensed with except for receipt of copies, answering the charges, 2/4

questioning under section 313 Cr.P.C./Section 351 of BNSS and on the date of pronouncing judgment and also on any other dates as may be required by the trial Court.

16.10.2025 ksa-2 Index:Yes/No Speaking/Non-speaking order To The District Munsif cum Judicial Magistrate, Karimangalam 3/4

N. SATHISH KUMAR , J.

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