V.L.Narayanan Vs M. Iiankumaran — Madras HC (2025) — LawSathi Research

V.L.Narayanan Vs M. Iiankumaran — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief: the Crl.M.P. seeking recall of the order dated 31.08.2023 in Crl.O.P.No.20211 of 2023 was disposed of with only a clarification that the question of prejudice flowing from the quash order in favour of A3 will be independently adjudicated in the pending Crl.A.No.1041 of 2024; no further orders were passed in the petition.

Issue for consideration

Whether the order dated 31.08.2023 passed in Crl.O.P.No.20211 of 2023, sought to be recalled by the petitioners, can be recalled in this Crl.M.P. in view of the supervening final judgment in C.C.No.8297 of 2022 and the pending appeal. +1 more

Court's answer

In the light of the final judgment passed in C.C.No.8297 of 2022 and the pendency of the appeal Crl.A.No.1041 of 2024, there is no question of recalling the order passed in the Crl.O.P. at this stage.

Ratio / Principle

How far the order passed in favour of A3 by quashing the proceedings on the basis of a compromise will cause prejudice to the accused persons is an issue to be independently adjudicated in the pending Crl.A.; except giving this clarity, no further orders can be passed in this petition.

Detailed headnote1 paragraphs

Madras High Court (N.Anand Venkatesh, J.) disposed of Crl.M.P.No.6423 of 2025 (in Crl.O.P.No.20211 of 2023) under Section 482 CrPC seeking recall of the order dated 31.08.2023, whereby proceedings arising from Cr.No.103 of 2021 had been quashed on the basis of a compromise in favour of A3. Noting that final judgment had since been rendered in the main case C.C.No.8297 of 2022 by the Metropolitan Magistrate for Exclusive Trial of CCB & CBCID Cases, Egmore, Chennai on 19.11.2024, and that the petitioner's appeal Crl.A.No.1041 of 2024 was pending before the Principal Sessions Judge, Chennai, the Court held there was 'no question of recalling the order passed in the Crl.O.P at this stage'. Whether the quash-on-compromise order prejudices the accused persons was expressly left to be independently adjudicated in the pending criminal appeal; apart from giving that clarity, no further orders were passed and the petition was disposed of accordingly.

Crl.M.P.No.6423 of 2025 in Crl.O.P.No.20211 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

Crl.M.P.No.6423 of 2025 in

Crl.O.P.No.20211 of 2023

1.V.L.Narayanan

2.Jothi Narayanan

3.Caroline Eucharista

4.V.F.Soundararajan

.. Petitioners

Vs.

1.M.Ilankumaran

2.The State represented by, The Inspector of Police, CCB, EDF-I, Team-I, Vepery, Chennai – 600 007.

3.Hemanth Kumar G.S. .. Respondents (Cr.No.103 of 2021)

Prayer : Petition filed under Section 482 of Criminal Procedure Code, praying to recall the order dated 31.08.2023 passed in Crl.O.P.No.20211 of 2023.

For Petitioners : Mr.C.S.K.Sathish

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Crl.M.P.No.6423 of 2025 in Crl.O.P.No.20211 of 2023

For R1 : Mr.R.Karthikeyan For R2 : Mr.V.J.Priyadarsana Government Advocate (Crl.Side) For R3 : Mr.B.Janakiram

O R D E R

This petition has been filed to recall the order passed in Crl.O.P.No.20211 of 2023 dated 31.08.2023.

2.It is brought to the notice of this Court that already final judgment has been passed in the main proceedings in C.C.No.8297 of 2022 by the learned Metropolitan Magistrate for Exclusive Trial of CCB & CBCID Cases, Egmore, Chennai, on 19.11.2024. Aggrieved by the same, the petitioner had also filed an appeal. It is pending in Crl.A.No.1041 of 2024 before the Principal Sessions Judge, Chennai.

3.In the light of the above development, there is no question of recalling the order passed in the Crl.O.P at this stage. How far the order passed in favour of A3 by quashing the proceedings on the basis of compromise will cause prejudice the accused persons, is an issue which

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Crl.M.P.No.6423 of 2025 in Crl.O.P.No.20211 of 2023

has to be independently adjudicated in the pending Crl.A. Except giving

this clarity, no further orders can be passed in this petition.

4.In the result, this Criminal Miscellaneous Petition is disposed of

in the above terms.

21.04.2025

krk

Index : Yes / No Internet : Yes / No Neutral Citation : Yes / No

To

1.The State represented by, The Inspector of Police, CCB, EDF-I, Team-I, Vepery, Chennai – 600 007.

2.The Public Prosecutor, Madras High Court, Chennai.

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Crl.M.P.No.6423 of 2025 in Crl.O.P.No.20211 of 2023

N.ANAND VENKATESH, J.

krk

Crl.M.P.No.6423 of 2025 in Crl.O.P.No.20211 of 2023

21.04.2025

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