Allowed

Reena Joshi v. State Rep by

Madras HC28 Mar 2024CRL OP/27922/2022

Case brief

AI extract

What is this about?

The High Court allowed a quashing petition filed under Section 482 CrPC. The court noted that the matter was settled via a Memorandum of Understanding between the parties and the private complainant was not inclined to proceed. The FIR was quashed based on the MOU.

What did the court decide?

The FIR in Crime No. 30 of 2022 was quashed on the terms of the Memorandum of Understanding filed before the Court.

Reena Joshi Vs State Rep by — Corruption | Madras HC (2024)

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Crl.O.P.No.27922 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 28.03.2024

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CORAM:

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THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

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Crl.O.P.No.27922 of 2022 and

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Crl.M.P.No.17174 of 2022

Reena Joshi

... Petitioner

Versus

State of Tamil Nadu, rep. by Inspector of Police, Central Crime Branch, Avadi Police Commissionerate, RC Battalion Campus, Avadi, Chennai-600 054.

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Narayanan Ravichandran Director,

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True Value Homes India Pvt. Ltd.

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... Respondents

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PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in FIR No.30 of 2022 dated 06.09.2022 pending on the file of Inspector of Police, City Central Crime Branch, Avadi and to quash the same.

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Page No.1 of 5

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

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Crl.O.P.No.27922 of 2022

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For Petitioner : Mr.Adith Narayan Vijayaraghavan For Respondents : Mr.S.Vinoth Kumar, Govt. Advocate (Crl. Side) for R1 Ms. Aparajitha Vishwanath for R2

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ORDER

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This Criminal Original Petition has been filed seeking to quash the F.I.R. in Crime No. 30 of 2022 on the file of 1^st respondent police, in which the petitioner and her husband were ranked as A1 and A2.

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Today, when the matter taken up for hearing, both learned

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counsel for petitioner, learned Government Advocate (Crl. side) for 1^st respondent and learned counsel for 2^nd respondent appeared.

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The learned counsel for 2^nd respondent/defacto complainant would submit that already the proceedings before the National Company Law Tribunal ended in their favour, besides they have entered into a compromise. Accordingly, the matter was settled. Furthermore, they are not inclined to initiate proceedings against the petitioner and to that effect, a memorandum of understanding was submitted before this court, which was signed by both parties.

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Page No.2 of 5

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

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Crl.O.P.No.27922 of 2022

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On perusal of the said Memorandum of Understanding, there

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was a settlement arrived between the parties and in view of the same, the

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2^nd respondent/defacto complainant is not inclined to proceed with the proceedings. Moreover, the prosecution also observed that there was a memorandum of understanding executed between the parties. Therefore, on considering submissions of both sides and on considering the terms arrived between the parties and also the fact that the 2^nd respondent/defacto complainant is not inclined to proceed further, this Court is inclined to quash the F.I.R. in Crime No. 30 of 2022 on the file of respondent police. Accordingly, this Criminal Original Petition is allowed in terms of Memorandum of Understanding. The Memorandum of Understanding shall form part and parcel of this order. Consequently, connected Criminal Miscellaneous Petitions is closed.

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28.03.2024

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Index: Yes/No Internet: Yes/No rpp

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Page No.3 of 5

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

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Crl.O.P.No.27922 of 2022

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Inspector of Police, Central Crime Branch, Avadi Police Commissionerate, RC Battalion Campus, Avadi, Chennai-600 054.

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The Public Prosecutor, High Court, Madras.

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Page No.4 of 5

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

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Crl.O.P.No.27922 of 2022

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T.V.THAMILSELVI, J.

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rpp

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CRL.O.P.No.27922 of 2022

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28.03.2024

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Page No.5 of 5

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

Reena Joshi v. State Rep by

Case brief

What is this about?

What did the court decide?

Reena Joshi v. State Rep by

Case brief

What is this about?

What did the court decide?

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