Chandirakandiban, Aged 31 Yrs v. M.Sumathi, Aged 28 Yrs

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.4052 of 2017 and Crl.M.P.No.3017 and 3018 of 2017 Chandirakandiban ... Petitioner/7th Respondent Vs M.Sumathi Represented by M.Saraswathi ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records of the proceeding in D.V.C.No.14 of 2016 on the file of the learned Judicial Magistrate No.VI, Coimbatore and quash the same.

For Petitioner : Mr.A.Saranraj For Respondents : Mr.I.Abrar MD Abdullah

ORDER

This Criminal Original Petition has been filed to call for the records of the proceedings in D.V.C.No.14 of 2016 on the file of the learned Judicial Magistrate No.VI, Coimbatore and quash the same.

2. The petitioner is the 7th respondent in the Proceedings of the Domestic Violence Act, initiated by the respondent herein.

3. On a perusal of the complaint it is seen that the petitioner herein is only a purchaser of the land from the husband of the respondent. The petitioner is neither living in any domestic relationship with the respondent herein nor the averments contained in the complaint constitute any offence under the Protection of Women from Domestic Violence Act, 2005. As such the proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 is improper as against the petitioner is concerned.

4. In view of the same this Criminal Original Petition is

allowed. The proceedings in D.V.A.No.14 of 2016 on the file of the Judicial Magistrate-VI, Coimbatore is quashed in so far as the petitioner/7th respondent is concerned. Consequently connected Miscellaneous Petitions are closed.

09.08.2017 Index:Yes ms/ggs To The Judicial Magistrate, Judicial Magistrate Court No.VI Coimbatore.

M.S.RAMESH.J, ms/ggs Crl.O.P.No.4052 of 2017 09.08.2017