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2025 DAILYLAW 95164 (MAD)

Nirmala v. State Rep by, The Inspector of Police (Crime

CRL OP/24265/2025 · 2025-09-22

N Sathish Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.Nos.24265 & 24273 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.09.2025 CORAM : THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Crl.O.P.Nos.24265 & 24273 of 2025 and Crl.M.P.No.16601 & 16606 of 2025 Nirmala ... Petitioner in Crl.O.P.No.24265 of 2025 R.Murugadoss ... Petitioner in Crl.O.P.No.24273 of 2025 Vs. 1.State represented by The Inspector of Police (Crime) C-3 Seven Wells Police Station, Chennai – 600 001. 2.G.Santhi ... Respondents in both petitions Common Prayer : Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita to call for the records and quash the First Information Report filed by the 1st respondent Police in Crime No.273 of 2024 dated 10.11.2024 on the file of the 1st respondent Police, as the compliant is not maintainable, biased and unsustainable. Page 1 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.24265 & 24273 of 2025 For Petitioner : Mr.S.L.Sudarsanam in both petitions For R1 : Mr.K.M.D.Muhilan, Additional Public Prosecutor in both petitions R2 : Mrs.G.Santhi (appeared in person) in both petitions C O M M O N O R D E R These Criminal Original Petitions are filed to quash the FIR in Crime No.273 of 2024 on the file of the 1st respondent Police, registered against the petitioners for the offences under Sections 406, 420 and 506(1) IPC. 2.It is the case of the de facto complainant that the petitioners, on a false promise to sell the property to the de facto complainant, received a sum of Rs.30,00,000/- from the de facto complainant and entered into a sale agreement, however, thereafter, did not come forward to sell the property to the de facto complainant, nor returned back the money. The de facto complainant came to know that the petitioners have involved in such similar cheating activities earlier with other persons. Therefore, the de facto complainant lodged a complaint with the 1st respondent Police, based on https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.24265 & 24273 of 2025 which, the present FIR in Crime No.273 of 2024 came to be registered as against the petitioners for the offences under Sections 406, 420 and 506(1) IPC. Challenging the same, the present Criminal Original Petitions have been filed. 3.When the matter came up before this Court on 04.09.2025, it was brought to the notice of this Court that, while granting bail to the petitioner in Crl.O.P.No.24265 of 2025, this Court, by order dated 13.03.2025 in Crl.O.P.No.312 of 2025, directed the petitioner to deposit a sum of Rs.30 Lakhs to the credit of Crime No.273 of 2024. However, the said amount had not been deposited. The learned counsel for the petitioner, on the earlier occasion on 04.09.2025, submitted that the petitioner is ready to deposit the amount as directed by this Court and file an affidavit in that regard. 4.However, today, when the matter is taken up for hearing, it is stated that the petitioner has not yet deposited the amount. This indicates that the petitioners, somehow or the other, are trying to avoid the Court orders. Having been released on bail with a condition to deposit the amount and after giving an undertaking before this Court to deposit the amount, now the https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.24265 & 24273 of 2025 petitioner cannot seek to quash the FIR as a matter of right without complying with the orders of this Court. Hence, I am not inclined to quash the FIR. 5.Accordingly, these Criminal Original Petitions are dismissed. 6.If the parties are willing to go for a settlement, let them appear before the Tamil Nadu Mediation and Conciliation Centre attached to this Court on 06.10.2025 and explore the possibility of settlement. In the event of any settlement reached between the parties, the petitioners may revive these petitions. Consequently, connected miscellaneous petitions are closed. 22.09.2025 mkn Internet : Yes Index : Yes / No Speaking order : Yes / No Neutral Citation : Yes / No https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.24265 & 24273 of 2025 To 1.The Inspector of Police (Crime) C-3 Seven Wells Police Station, Chennai – 600 001. 2.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.24265 & 24273 of 2025 N. SATHISH KUMAR, J. mkn Crl.O.P.Nos.24265 & 24273 of 2025 22.09.2025 https://www.mhc.tn.gov.in/judis