Munuswamy v. Sasikala

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2020

CORAM:

THE HON'BLE MR.JUSTICE P.VELMURUGAN Crl.O.P.No.17916 of 2015 & M.P.No.1 of 2015 1.Munuswamy 2.Vasantha ..Petitioners/2 & 3 Respondents Vs Sasikala ..Respondent/Petitioner Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records and quash the proceedings in C.C.No.1552 of 2015 on the file of the learned V Metropolitan Magistrate, Egmore, Chennai - 8 insofar as the petitioners herein are concerned.

For Petitioners : Mr.T.R.Ravi For Respondent : Mr.R.Narendran

ORDER

This Criminal Original Petition has been filed to call for the records relating to the complaint in C.C.No.1552 of 2015 on the file of the learned V Metropolitan Magistrate, Egmore, Chennai and quash the same.

2. The petitioners are arrayed as A2 and A3 in the said complaint in C.C.No.1552 of 2015 and A1 is the husband of the defacto complainant. The petitioners are inlaws of the respondent/defacto complainant and the marriage between A1/Ranjith Kumar and the respondent Viz., Sasikala was solemnized on 21.08.2006.

3. The allegations in the complaint filed by the defacto complainant/respondent is that the defacto complainant was not treated with due respect with dignity by her husband /first accused and the mother-in-law of the respondent i.e., the second 1/3

petitioner herein. Further, no allegation as against the first petitioner, who is the father-in-law of the respondent and no case is made out against the petitioners and hence, prayed to quash the proceedings in C.C.No.1552 of 2015.

4. Today, when the matter came up for hearing, the learned counsel for the petitioner would submit that the enquiry before the learned Magistrate has been completed and reserved the matter for Judgment.

5. Heard both sides and perused the materials available on record.

6. Admittedly, the respondent/wife has filed the complaint under Domestic Violence Act against the petitioners herein and the husband of the respondent. The petitioners herein are inlaws of the respondent/defacto complaint and the parents of A1. Now, proceedings have already been completed and petitioners have also participated in the trial proceedings before the learned Magistrate. Now, the learned Magistrate, after hearing the argument of both sides, reserved the matter for Judgment. Therefore, at this juncture, this Court is not inclined to invoke the exercise of jurisdiction under Section 482 of Cr.P.C.

7. In the result, the Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar r n s To The V Metropolitan Magistrate, Egmore, Chennai - 8 2/3

2.-do- The Chief Metropolitan Magistrate Egmore, Chennai-8 Crl.O.P.No.17916 of 2015 & M.P.No.1 of 2015 ca(co) aa09/11/2020 3/3