Manisha Yadav
On 23 July 2025, the Supreme Court of India made a significant observation related to the process of filing of quashing petitions. It noted that the inability of the accused to bring forth a relevant ground or plea that was clearly available during the adjudication of the first quashing petition cannot provide them with the right to submit a subsequent quashing petition.
The appeal was made against the Madras High Court’s judgment, which quashed a complaint which is registered under Sections 193, 406, 418, 420, 423, 468, 469 with Sections 34 and 120 of the IPC. The Bench of Justice Vikram Nath & Justice Sandeep Mehta, evaluates the High Court’s decision to allow a second quashing petition. The bench of Justices set aside the Madras High Court order that allowed the accused for a second quashing plea.
In December 2021, the Madras High Court dismissed the first quashing petition filed by the accused. Then, in September 2022, the accused filed a second quashing petition on the grounds that were not argued earlier. The Apex Court found that the grounds were similar to the first plea.
The Supreme Court of India clarified that the second petition did not introduce any fresh grounds or pleas that the accused had not already considered during the first quashing petition. The Apex Court set aside the order issued by the High Court of Madras, and restored the criminal complaint filed against the accused & misuse of legal process by filing repeated petitions is not acceptable.
Case name: M.C. Ravikumar v. D.S. Velmurugan & Ors.
Case Number: SLP(Crl.) No. 12715 of 2022
Bench: Justice Sandeep Mehta & Justice Vikram Nath
Click here to access the order
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