Dilli Babu v. S.Renugadevi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2021

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.O.P.No.10283 of 2015 and M.P.Nos.1 & 2 of 2015 1.Dilli Babu 2.Harinathan 3.Moorthy 4.Hema 5.Pavithra 6.Saritha ... Petitioners Vs.

S.Renugadevi ... Respondent PRAYER: Criminal Original Petitions filed under Section 482 Cr.P.C. to call for the records and quash the proceedings in D.V.A. 24 of 2014 on the file of Judicial Magistrate No.1, Coimbatore, as against the petitioners.

For petitioners : Mr.K.Kumaresan For Respondent : No Appearance

ORDER

This petition has been filed to quash the proceedings in D.V.A. 24 of 2014 on the file of learned Judicial Magistrate No.1, Coimbatore.

2.The learned counsel for the petitioners submitted that the petitioners are the in-laws of the respondent herein and the marriage between one Boobalan and the respondent Viz.,Renugadevi was solemnized on 09.07.2008. Thereafter, due to matrimonial disputes the respondent and her husband were living separately from the matrimonial home. Under this circumstance, the respondent herein filed a petition under the Protection of Women from Domestic Violence Act in D.V.A. 24 of 2014 on the file of learned Judicial Magistrate No.1, Coimbatore and implicated the petitioners as party to the petition and sought action as against them under the Protection of Women from https://hcservices.ecourts.gov.in/hcservices/

Domestic Violence Act. The said D.V.A. 24 of 2014 is pending for trial. At this stage, the petitioners herein who are the in-laws of the respondent pray to quash the proceedings in D.V.A. 24 of 2014.

3. Heard Mr.K.Kumaresan, learned counsel for the petitioners.

4.This Court, in Crl.O.P.No.28458 of [Dr.P.Pathmanathan and others vs. Tmt.V.Monica and others ], vide order dated 19.01.2021, after elaborately considering the nature of the proceedings under the Protection of Women from Domestic Violence Act before the criminal Court and after considering the various decisions of the Supreme Court, dismissed the original petition holding that the proceedings under said Act in a Criminal Court are civil in nature; the truthfulness of allegation in the case has to be decided by letting in evidence in the trial Court; by invoking the provisions under Section 482 Cr.P.C., the proceedings before the trial Court cannot be quashed.

5. In this Criminal Original Petition, the petitioner seeks to quash the proceedings in D.V.A. 24 of 2014 on the file of learned Judicial Magistrate No.1, Coimbatore. 6.In view of the above said decision, the prayer in this criminal original petition is unsustainable. Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vsn To 1.The Judicial Magistrate-I, Coimbatore.

2.The Public Prosecutor, High Court, Madras.

+1cc to M/s.E.K.Kumaresan, Advocate SR.9850 Crl.O.P.No.10283 of 2015 and M.P.Nos.1 & 2 of 2015 SR-II(CO) CB(10/03/2021) https://hcservices.ecourts.gov.in/hcservices/