Petitioner sought quashing of C.C.No.206 of 2020 (Vellore) charging her under Sections 294(b), 506(ii), 406, 420 and 120(B) IPC. Respondents confirmed settlement and filed affidavits; the court quashed the proceedings and allowed the petition.
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Crl.O.P.No.15442 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2024
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
Crl.O.P.No.15442 of 2021
and
Crl.M.P.Nos.8436 & 8437 of 2021
G.Kumutha
... Petitioner
Vs.
... Respondents
(Substituted the legal heirs of deceased respondents 3 to 5 as per order dated 15.02.2024 in Crl.M.P.No.2303 of 2024 in Crl.O.P.No.15442 of 2021).
Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the entire records pursuant to the Charge sheet filed in C.C.No.206 of 2020 on the file of the Judicial Magistrate-II, Vellore and quash the same.
Crl.O.P.No.15442 of 2021
| For Petitioner | : Mr.B.Lenin Balu |
|---|---|
| For R1 | : Mr.S.Vinoth Kumar Government Advocate (Crl.Side) |
| For R3 to R5 | : Mr.S.Shankar |
| For R2 | : Died |
O R D E R
This petition has been filed to quash the C.C.No.206 of 2020 on the file of the Judicial Magistrate-II, Vellore, in which cognizance was taken for the alleged offence punishable under Sections 294(b), 506(ii), 406, 420 and 120(B) of IPC, against the petitioner.
Crl.O.P.No.15442 of 2021
with the wrong advise of some political persons. The respondent police never enquire her till date. On the basis of their consent only the petitioner executed their house property do and in favour of her husband to safeguard their money. No occurrence took place on 25.05.2013 as stated in the complaint that's why they never filed any complaint before the Gudiyattam Police Station or file a Civil Suit to cancel the sale deed. As per their contention without consent only on 18.12.2012, their house property was sold out by the petitioner, in order to give financial support to her daughter to complete her medical course. Even after cancellation of Power of Attorney her husband sold 7 plots in the year 2014 in favour of one V.E.Karuna on 14.08.32014. To that effect affidavit has been filed by the 3rd respondent and the same is recorded by this Court.
Crl.O.P.No.15442 of 2021
T.V.THAMILSELVI, J.
rri
28.03.2024
Index: Yes/ No Neutral Citation: Yes/No
rri
To
Crl.O.P.No.15442 of 2021 and Crl.M.P.Nos.8436 & 8437 of 2021
1 issue framed by the court
Should proceedings in C.C.No.206 of 2020 against the petitioner be quashed given the parties' stated settlement and affidavit?
2 provisions across 2 enactments
G.Kumutha
The Inspector of Police District Crime Branch, Vellore
S.Ravi
R.Bharathi
S.Kalaivani
R.Karthik
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
