Dismissed

V.Vivekanandan v. State Rep.by Its

Madras HC19 Oct 2023CRL OP/10120/2021

Case brief

AI extract

What is this about?

The High Court dismissed a petition under Section 482 Cr.P.C. seeking to quash criminal proceedings where the trial had commenced with 41 witnesses examined out of 118. The Court held that quashing was not viable at this stage. However, the Trial Court was directed to consider any settlement reached between the petitioners and the second respondent.

What did the court decide?

The Criminal Original Petition is dismissed. The Trial Court is directed to consider any settlement arrived at between the parties.

V.Vivekanandan Vs State Rep.by Its — Quashing and FIR | Madras HC (2023)

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Crl.O.P.No.10120 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 19.10.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

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Crl.O.P.No. 10120 of 2021 and

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Crl.M.P.Nos. 6140 & 6141 of 2021

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V.Vivekanandan 2. V.Krishnaveni ... Petitioners / Accused 1 & 2

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State Rep. By its The Inspector of Police, Central Crime Branch, Chennai. ... Respondent/Complainant 2. T.Vijayakumar ... Respondent/De-facto complainant

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PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for all the records and quash the proceedings in C.C.No.70 of 2017 on the file of the learned Judicial Magistrate No.I, Poonamallee.

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For Petitioners : Mrs.S.S.Jayanthi for Mr.S.C.Pratheep Ashok Kumar For R1 : Mr.A.Gopinath Government Advocate (Crl.Side) For R2 : Mr.S.Sheik Ismail

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https://www.mhc.tn.gov.in/judis

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Page 1 of 4

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Crl.O.P.No.10120 of 2021

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ORDER

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This petition has been filed to quash the proceedings in C.C.No.70

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of 2017 on the file of the Judicial Magistrate No.I, Poonamallee.

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The learned Government Advocate (Crl.Side) appearing for the first respondent would submit that there are totally 118 prosecution witnesses, out of which, they had examined 41 witnesses. Therefore, already the trial has commenced. At this stage, the proceedings cannot be quashed.

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The learned counsel appearing for the petitioners would submit the petitioners are ready and willing to settle the issue and also produced Demand Draft for a sum of Rs.46,00,000/-. However, the second respondent is not willing for any settlement, since already the trial has commenced. Out of 118 prosecution witnesses, 41 witnesses were examined.

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In view of the above submissions, this Court is not inclined to quash the proceedings in C.C.No.70 of 2017 on the file of the Judicial Magistrate No.I, Poonamallee. However, if any settlement is arrived at between the petitioners and the second respondent, the Trial Court is directed to consider the same and pass orders in accordance with law.

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https://www.mhc.tn.gov.in/judis Page 2 of 4

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Crl.O.P.No.10120 of 2021

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In the result, this Criminal Original Petition stands dismissed.

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Consequently, connected miscellaneous petitions are closed.

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19.10.2023

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Internet : Yes / No Index : Yes / No Speaking / Non Speaking order Lpp

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The Judicial Magistrate No.I, Poonamallee.

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The Inspector of Police, Central Crime Branch, Chennai.

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The Public Prosecutor Madras High Court, Chennai.

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G.K.ILANTHIRAIYAN, J.

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https://www.mhc.tn.gov.in/judis Page 3 of 4

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Crl.O.P.No.10120 of 2021

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Lpp

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Crl.O.P.No. 10120 of 2021 and Crl.M.P.No. 6140 & 6141 of 2021

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19.10.2023

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https://www.mhc.tn.gov.in/judis Page 4 of 4

V.Vivekanandan v. State Rep.by Its

Case brief

What is this about?

What did the court decide?

V.Vivekanandan v. State Rep.by Its

Case brief

What is this about?

What did the court decide?

What the court decided

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