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Kavitha v. Maheshwaran

Madras HC7 Nov 2025CRL MP/20712/2025

Case brief

AI extract

What is this about?

Madras High Court, Crl.M.P. No. 20712 of 2025 in Crl.A. No. 632 of 2022, order dated 07-11-2025 by Justice M. Nirmal Kumar allowing impleading petition under Section 528 BNSS, 2023 by de-facto complainant Kavitha; Joint Compromise Memo produced by appellant Maheshwaran disputed, signature alleged forged; video-conference confirmation of non-signature; threats to victim and family alleged; APP to have AWPS Ulundurpet enquire; Kavitha impleaded as second respondent; cause-title amendment directed; appeal listed 08.12.2025; Crime No. 8/2018.

What did the court decide?

Petitioner/de-facto complainant Kavitha impleaded as second respondent in Crl.A.No.632 of 2022; Registry directed to amend the cause-title and list the appeal on 08.12.2025. ¶44

Kavitha Vs Maheshwaran — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner/de-facto complainant Kavitha impleaded as second respondent in Crl.A.No.632 of 2022; Registry directed to amend the cause-title and list the appeal on 08.12.2025.

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Issue for consideration

Whether the petitioner/de-facto complainant Kavitha should be impleaded as a respondent in Criminal Appeal No. 632 of 2022 pending before the High Court. +1 more

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Court's answer

The Criminal Miscellaneous Petition was ordered: the de-facto complainant Kavitha is impleaded as second respondent in Crl.A.No.632 of 2022, the Court acting on her affidavit dated 31.10.2025 and her video-conference confirmation that she had not signed the compromise affidavit, notwithstanding the Joint Compromise Memo produced by the appellant.

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Ratio / Principle

The Registry is directed to carry out the necessary amendment in the cause-title and to list the appeal on 08.12.2025.

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Detailed headnote1 paragraphs

Madras High Court (M. Nirmal Kumar, J.), order dated 07-11-2025 in Crl.M.P. No. 20712 of 2025 in Crl.A. No. 632 of 2022: An impleading petition under Section 528 of BNSS, 2023 filed by Kavitha, the de-facto complainant in Crime No. 8 of 2018 (AWPS, Ulundurpet Police Station, Kallakurichi District), was allowed and she was impleaded as second respondent in the pending criminal appeal preferred by Maheshwaran against the State. The appellant's counsel had produced a Joint Compromise Memo stating that Kavitha had entered into a compromise and was unwilling to pursue the appeal; Kavitha denied this by affidavit dated 31.10.2025, alleged that her signature on the memo was forged, and confirmed through video conference on the hearing date that she had not signed the compromise affidavit. She further alleged that she and her family were being threatened by the appellant, on which the learned Additional Public Prosecutor stated he would instruct the Inspector of Police, AWPS Ulundurpet, to conduct an enquiry and take appropriate action if the complaint were true. Counsel for the appellant, stating he was unaware of these developments and that the compromise affidavit had been handed over to him by the appellant, offered to argue the appeal on merits de-horse the compromise memo. The Registry was directed to amend the cause-title, and the appeal was listed for 08.12.2025.

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CRL MP No. 20712 of 2025 IN CRL A NO. 632 OF 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07-11-2025

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CORAM

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THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR

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CRL MP No. 20712 of 2025 IN

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CRL A NO. 632 OF 2022

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1. KAVITHA

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D/o.Elumalai, W/o.Gunasekar, No. 2/22, East Street, Siruvathur Village, Pu.Malayanur Post, Ulundurpet Taluk, Kallakurichi District- 607 202.

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Petitioner(s)

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MAHESHWARAN S/o.Mookan, Siruvathur Village, Pu.Malayanur Post, Ulundurpet Tk, Kallakurichi District- 607 202.

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2.State Rep. by The Inspector of Police AWPS, Ulundurpet Police Station, Kallakurichi District- 606 107. Crime No. 8/2018.

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Respondent(s)

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CRL A No. 632 of 2022

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MAHESHWARAN S/o. Mookan, Siruvathur Village, Pu.Malayanur Post, Ulundurpet Tk,

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CRL MP No. 20712 of 2025 IN CRL A NO. 632 OF 2022

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Kallakurichi District.

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Appellant(s)

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State Rep By Inspector Of Police, Awps, Ulundurpet Police Station, Kallakurichi District. Cr.No.8 Of 2018.

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Respondent(s)

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PRAYER: Criminal Miscellaneous Petition filed under Section 528 of BNSS, 2023, praying to implead the petitioner/Proposed respondent as one of the respondent in the above Criminal Appeal No.632 of 2022 pending before this Honble Court.

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For Petitioner : M/s.P.Raja Aswini For Respondent-1 : Mr.S.Saravana Kumar For Respondent-2 : Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor

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ORDER

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This Criminal Miscellaneous Petition is filed to implead the

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petitioner/proposed respondent as one of the respondent in the above Criminal Appeal No.632 of 2022.

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2.The learned counsel for the first respondent/appellant in

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CRL MP No. 20712 of 2025 IN CRL A NO. 632 OF 2022

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Crl.A.No.632 of 2022 had produced a Joint Compromise Memo submitting that the appellant and the petitioner herein/de-facto complainant/Kavitha, D/o.Elumalai, had entered into a compromise and she is not willing to further pursue the appeal.

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3.The learned counsel for petitioner/de-facto complainant produced a petition and affidavit of Kavitha dated 31.10.2025, wherein the said Kavitha denied entering into any compromise and also filed the above intervening application in Crl.M.P.No.20712 of 2025 submitting that her signature has been forged in the Joint Compromise Memo and she never approached for any compromise and she has not signed in the compromise affidavit.

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4.Today, the de-facto complainant/Kavitha, D/o.Elumalai appeared

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through video conference and she confirmed that she has not signed in the compromise affidavit.

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5.The learned counsel for petitioner further submitted that in this

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case, the victim as well as her family members are being threatened by the

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CRL MP No. 20712 of 2025 IN CRL A NO. 632 OF 2022

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appellant and now their life is under threat, at any time, they would be attacked.

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6.The learned Additional Public Prosecutor takes note of the same and submitted that he would instruct the Inspector of Police, All Women Police Station, Ulundurpet to conduct an enquiry and if the complaint is true, appropriate action would be taken against the appellant and other wrongdoers.

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The learned counsel for the appellant/first respondent herein submitted that he is not aware about the subsequent development. The Joint Compromise affidavit was handed over to him by the appellant and de-horse the compromise memo he is ready to argue the case on merits.

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