Back
2026 Supreme(Online)(Mad) 45786
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Vijayakumar, J
G. Mahalakshmi – Appellant
Versus
State of Tamilnadu – Respondent
Crl.O.P.(MD).Nos.9652 & 9657 of 2026
For the Appellants/Petitioners: S. Balaji
For the Respondents: N. Balasubramanian
Proceedings against an accused cannot be sustained when the underlying FIR has been previously quashed by a competent court; accordingly, a subsequent charge sheet filed based on such a quashed FIR is liable to be quashed.
Headnote:The proceedings arise from a petition filed under S. 528 of the BNSS Act to quash a charge sheet in STC No. 10897/2025 originating from Crime No. 931/2017. The petitioner, previously impleaded as the third accused, discovered that a charge sheet was filed despite a prior order quashing the underlying FIR in Crl.O.P.(MD) No. 6165 of 2021. The Court observed that once an FIR is quashed as against an accused, a subsequent charge sheet arising therefrom cannot be maintained. The central issue was whether a trial court could take cognizance of a charge sheet against an accused whose FIR had been previously quashed by a superior court. The Court reasoned that the nullification of the primary FIR precludes the continuation of criminal proceedings based thereon, rendering the current charge sheet legally unsustainable. The Criminal Original Petition stands allowed, and the charge sheet in STC No. 10897/2025 against the petitioner is quashed.
| Table of Content |
|---|
| 1. quashing of criminal proceedings following the nullification of an fir. (Para 1 , 2 , 3 , 4 , 5 , 6) |
ORDER
The present petition has been filed by the 3rd accused in S.TC.No.10897 of 2025 on the file of Judicial Magistrate Court No.V, Madurai, seeking to quash the charge sheet, wherein, petitioner is charged with offences punishable under sections 294(b), 353 and 506(i) of IPC.
2. A perusal of the records revealed that an FIR was registered against the petitioner in Crime No.931 of 2017, wherein she was arrayed as the third accused. The petitioner filed a petition before this Court seeking to quash the said FIR in Crl.O.P.(MD)No.6165 of 2021. However, a charge sheet has been taken on file against the present petitioner by the learned Judicial Magistrate No.V, Madurai, in STC No.10897 of 2025.
3. According to the learned Counsel appearing for the petitioner, since the FIR has been quashed as against the petitioner by this Court in Crl.O.P.(MD) No.6165 of 2021, dated 21.05.2021, the charge sheet cannot be taken on file against the present petitioner.
4. After perusing the records, it could be seen that after quashing of FIR as against the petitioner, charge sheet cannot be taken on file by the concerned Court which arises out of the same FIR.
5. In such circumstances, the charge sheet in STC.No.10897 of 2025 on the file of the Judicial Magistrate No.V, Madurai stands quashed as against the petitioner herein.
6. With the above said observations, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are closed.
