Allegations So Absurd and Improbable: Madras High Court Quashes Frivolous Property Dispute Case

In a significant ruling, the Madras High Court, Madurai Bench, has quashed the criminal proceedings in C.C.No.81 of 2019 against M.K. Suppuroyal, citing the allegations as “absurd and inherently improbable.” The decision pronounced on January 18, 2024, by Justice R. Sakthivel, underlines the misuse of the legal process in a property dispute.

The case involved a complex property dispute following the demise of property owner V.J. Thomas, leading to a series of legal battles among the legal heirs and the tenants, including the petitioner. The petitioner, a tenant and the sole accused in the criminal case, was embroiled in a legal tussle over the property’s ownership and possession, leading to multiple criminal allegations by the parties involved.

Justice R. Sakthivel, in his judgement, remarked on the lack of substantial evidence and prima facie improbability in the allegations made against the petitioner. “The allegation made in the complaint are so absurd, incorrect and improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient grounds for proceeding against the petitioner,” the Court observed.

The Court further noted the non-compliance with the mandatory provisions of filing an affidavit in a 156(3) petition as established in the Priyanka Srivastava case. However, it was deemed sufficient that the Judicial Magistrate recorded the statement of the respondent/complainant.

Referencing the landmark judgement of State of Haryana and Others v. Bhajan Lal, Justice Sakthivel applied the parameters laid down by the Supreme Court to quash the prosecution, categorizing the case under the guideline where allegations in the FIR are so absurd and inherently improbable.

The Court’s decision to quash the proceedings was seen as a reinforcement of legal principles against the abuse of law and baseless allegations. This ruling has been hailed as a significant step in preventing the misuse of the judicial process in property disputes and ensuring that the law is not used as a tool for personal vendettas. The judgement sends a clear message against the frivolous litigation that clogs the judicial system and underlines the importance of factual accuracy and legal probity in criminal proceedings.

Date of Decision: 18th January 2024

M.K.Suppuroyal VS Abdul Pari