Kevin v. State
Case at a glance
Outcome
Dismissed
Accordingly, this Criminal Original Petition is dismissed
Provisions considered
Key paragraphs
- Para 44. On a perusal of the records, it reveals that, the petitioner is not inclined to comply the terms as per compromise. Therefore, this Court is not inclined to quash the proceedings in C.C.No.6202 of 2018 on the file of the Chief Judicial Magistrate, CCB-…
Judgment
Crl.O.P.No.7750 of 2022IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 06.02.2024CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICrl.O.P.No.7750 of 2022and Crl.M.P.No.4486 of 2022 Kevin ... PetitionerVs.
State rep. By The Inspector of Police CCB, EDF II, Team-IXA, Vepery, Chennai. Crime No.363 of 20162.Newman ... RespondentsPrayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records in C.C.No.6202 of 2018 on the file of the Chief Judicial Magistrate, CCB- CBCID Metropolitan Magistrate, Egmore, Chennai-8 and quash the same. For Petitioner : Mr.P.SaranathFor R1 : Mr.S.Vinoth Kumar Government Advocate (Crl. Side)
O R D E RThe petitioner has filed this petition to quash the C.C.No.6202 of 2018 on the file of the Chief Judicial Magistrate, CCB- CBCID Metropolitan Magistrate, Egmore, Chennai-8. https://www.mhc.tn.gov.in/judis Crl.O.P.No.7750 of 20222. The learned counsel for the defacto complainant / R2 submitted that as per the terms of Compromise memo and as well as the undertaking affidavit given before the Hon'ble Supreme Court in Special Leave Petition (Criminal)No.7660 – 7661 of 2023, due to Civil proceedings, the petitioner has not complied the terms as agreed.
By way of reply, the learned counsel for the petitioner submitted that the petitioner had entered into compromise to hand over 20 % of the total compromise amount i.e., Rs.22,00,000/- (Rupees twenty two lakhs only) on or before 30.08.2023 to the defacto complainant. To that effect undertaking affidavit also submitted before the Hon'ble Supreme Court of India.
Operative part
On a perusal of the records, it reveals that, the petitioner is not inclined to comply the terms as per compromise. Therefore, this Court is not inclined to quash the proceedings in C.C.No.6202 of 2018 on the file of the Chief Judicial Magistrate, CCB- CBCID Metropolitan Magistrate, Egmore, Chennai-8. https://www.mhc.tn.gov.in/judis Crl.O.P.No.7750 of 20225. Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petition is closed. 06.02.2024Index: Yes/ No Neutral Citation: Yes/NorriTo1.The Inspector of Police CCB, EDF II, Team-IXA, Vepery, Chennai. Crime No.363 of 20162.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis Crl.O.P.No.7750 of 2022T.V.THAMILSELVI, J.rriCrl.O.P.No.7750 of 2022andCrl.M.P.No.4486 of 202206.02.2024
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this Criminal Original Petition is dismissed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.