S.Yosuf v. Misseriya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2022

CORAM:

THE HONOURABLE Mr. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.17220 of 2016 and Crl.M.P.No.8246 of 2016 1.S.Yousuf 2.Hajmunisa 3.Burkani 4.Banu 5.Yasmin 6.Raffiq .. Petitioners/Respondents 2 to 7 Vs.

Misseriya .. Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C to call for the records pertaining to D.V.A.No.14 of 2016 on the file of the Judicial Magistrate No.5, Coimbatore, quash the same.

For Petitioners : No appearance For Respondent : No appearance

O R D E R

The Criminal Original Petition has been filed under Section 482 of Cr.P.C to call for the records in D.V.A.No.14 of 2016, on the file of the Judicial Magistrate No.5, Coimbatore and quash the same. 1/3

2.When the matter is taken up for hearing on 22.04.2022, there was no representation for the petitioners, therefore, this matter was ordered to be posted under the caption 'for dismissal'. Today also there is no representation for the petitioners.

3. This Court in the judgment reported in 2021 1 L.W.289 P.Pathmanathan and others Vs. V.Monica and Others held that petition under Section 482 Cr.P.C. cannot be maintained for quashing the proceedings under Domestic Violence Act, 2005. Considering the fact that there is no representation for the petitioners and the matter is pending from the year 2016 and also following the order reported in 2021 1 L.W. 289 P.Pathmanathan and others Vs. V.Monica and Others, this Court finds that this Criminal Original Petition is not maintainable and dismissed accordingly. Consequently, connected miscellaneous petition is also closed. 29.04.2022 sli Index: Yes/No Internet: Yes/No Speaking Order/ Non-Speaking Order 2/3

G.CHANDRASEKHARAN.,J sli To:

The Judicial Magistrate No.5, Coimbatore.

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