CRL OP(MD)/7400/2022 of Syed Mohamed Vs The Inspector of Police - Madras High Court (Madras High Court)

Crl.O.P.(MD)No.7400 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:  06.03.2024
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.(MD)No.7400 of 2022
and
Crl.M.P.(MD)Nos.5045 & 5047 of 2022
1.Syed Mohamed
2.Abitha Beevi         
                      
   ... Petitioners
Vs.
1.The Inspector of Police,
   Anti Land Grabbing Special Cell,
   Nagercoil, Kanyakumari District.
2.A.Mohamed Shafi       
          ... Respondents
 
PRAYER :  Criminal Original Petition filed under Section 482 of the 
Code of Criminal Procedure, to call for the records in C.C.No.1023 of 
2019  on  the  file  of  the  Special  Court  for  Land  Grabbing  Cases, 
Tirunelveli and quash the same as against this petitioners/A2 & A3. 
  For Petitioners
     : Mr.S.Vasik Ali
       for Mr.V.Meenakshi Sundaram
 
1/6
https://www.mhc.tn.gov.in/judis

Crl.O.P.(MD)No.7400 of 2022
 
  For R1
     : Mr.S.Manikandan,
       Government Advocate (Crl. Side)
  For R2
    : Mr.M.D.Senthil
ORDER
This Criminal Original Petition  has been filed to quash the charge 
sheet in C.C.No.1023 of 2019 on the file of the Special Court for Land 
Grabbing Cases, Tirunelveli.
2.The case of the prosecution is that the petitioners herein is the 
husband and wife, who are arrayed as A2 and A3.  A1 is none other than 
the sister of the defacto complainant.  The defacto complainant made a 
complaint stating that there was partition suit and the same was decreed. 
Contrary to the preliminary decree passed in O.S.No.40 of 1985 dated 
20.09.1995, A1 executed settlement deed in favour of A2.  A2, in turn 
executed settlement deed in favour of A3.  Based on the complaint, the 
first respondent registered a case in Cr.No.38 of 2012.  Upon completion 
of investigation, the first respondent filed a charge sheet for the offence 
punishable under Sections 420, 465, 468, 471 IPC @ 420, 423, 465, 468, 
2/6
https://www.mhc.tn.gov.in/judis

Crl.O.P.(MD)No.7400 of 2022
471 IPC, which was taken cognizance by the Special Court for Land 
Grabbing Cases, Tirunelveli in C.C.No.1023 of 2019.  Challenging the 
same, the present petition has been filed.
3.The learned counsel appearing for the petitioners submitted that 
the settlement deed executed by A1 was produced before the civil Court 
and  subsequently,  the  first  petitioner  cancelled  the  settlement  deed 
executed by his mother in favour of him and re-transfer the property in 
favour of A1. Even thereafter, the second respondent filed the present 
criminal complaint, which is not sustainable one.  All the allegations 
levelled as against the petitioners are civil in nature and still civil suit is 
pending  between  the  parties.   Accordingly,  he  prayed  to  quash  the 
impugned charge sheet.
4.The  learned  counsel  appearing  for  the  second  respondent 
submitted that the respondent is the brother of A1 and contrary to the 
preliminary decree passed by the trial Court, A1 executed settlement 
deed in favour of A2.  A2, in turn executed settlement deed in favour of 
A3.   He  further  submitted  that  subsequent  to  the  cancellation  of 
3/6
https://www.mhc.tn.gov.in/judis

Crl.O.P.(MD)No.7400 of 2022
settlement deed, again, the first petitioner had re-transferred the property 
in favour of A1, which is not sustainable one. Accordingly he prayed to 
dismiss the present petition.
5.The learned Government Advocate(Crl.side) appearing for the 
first respondent would submit that the first respondent has conducted a 
fair  investigation  and  after  examining  the  necessary  witnesses  and 
collecting all materials, he has filed the final report, which has been 
taken cognizance of by the court below.  He further submitted that a 
criminal proceedings cannot be quashed at the threshold and accordingly, 
he prayed to dismiss the present petition.
6.Heard  the  learned  counsel  on  either  side  and  perused  the 
materials available in the records.
7.It  is seen that there was some civil dispute between the parties 
and a suit is also pe

…