T.S.Sridharan v. Latha Sridharan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.O.P.No.10827 of 2013 and M.P.No.1 of 2013 T.S.Sridharan ... Petitioner/Respondent Vs.

Latha Sridharan ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to quash the proceedings in M.P.No.2 of 2013 on the file of the learned XIV Metropolitan Magistrate at Egmore. For Petitioner : Mr.Su.Srinivasan

ORDER

The petitioner is husband and respondent is wife. The respondent/wife filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short "the Act"), for the reliefs under Section 17, 18, 19 and 20 of the Act, before the XIV Metropolitan Magistrate, Egmore. The learned Magistrate took cognizance of the complaint in M.P.No.2 of 2013 and during pendency of the above case, the husband filed this petition seeking to quash the above case invoking Section 482 of Cr.P.C.

According to learned counsel appearing for the petitioner, respondent is the permanent resident of the United States of America and she filed the present case only to grab the properties of the petitioner. The reliefs sought for by the respondent in the domestic violence case are not maintainable and the attitude of the respondent clearly shows that she intend to harass the petitioner and there is no domestic violence as alleged by the respondent. The respondent has not even appeared before the Court below for atleast one hearing. Notice sent to the respondent has been returned as 'unclaimed'. Heard the learned counsel appearing for the petitioner and perused the materials available on record. This Court has carefully gone through the petition filed by the respondent under Section 12 of the Act and the grounds raised by the petitioner in this criminal original petition. This Court does not find any reason to invoke power 1/2 https://hcservices.ecourts.gov.in/hcservices/

under Section 482 of Cr.P.C., when the respondent has made clear allegations against the petitioner and the same has to be gone into by the learned Magistrate.

Accordingly, this criminal original petition is dismissed. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar(C.S.VIII) /True Copy/ Sub Assistant Registrar To The XIV Metropolitan Magistrate Egmore, Chennai.

+1 cc to M/s.Su.Srinivasan,Advocate Sr.No.1451 AKM/26.02.2020/2P-3C / Crl.O.P.No.10827 of 2013 and M.P.No.1 of 2013 2/2 https://hcservices.ecourts.gov.in/hcservices/