S.P.Karthi v. D.Karthi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.07.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.2219 of 2015 and M.P.Nos.1 and 2 of 2015 1.S.P.Karthi 2.G.Sivaprakasam 3.S.Prabha Devi

...Petitioners

Vs.

D.Karthi

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records of D.V.A.No.57 of 2014 on the file of the Judicial Magistrate No.VI, Coimbatore and quash the same.

For Petitioners : Mr.R.Gokulakrishnan For Respondent : Ms.Vennila

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in D.V.A.No.57 of 2014 initiated by the respondent under the Domestic Violence Act.

2. These petitioners are husband, father-in-law and motherin-law of the respondent.

3. It is seen from the records that the respondent had left the matrimonial home after 10 days of her marriage and therefore, no domestic violence can be attributed as against the 2nd and 3rd petitioners. The respondent has not made any specific allegations against the petitioners except for certain general allegations and certain specific averments have been made by the respondent only against the 1st petitioner. Even in the absence of a domestic relationship with the respondent, the 2nd and 3rd petitioners have been roped in a domestic violence petition. https://hcservices.ecourts.gov.in/hcservices/

4. Heard the learned counsel for the petitioners and the learned counsel for the respondent.

5. In the facts and circumstances, this Court is of the considered view that the 1st petitioner has to necessarily face the proceedings before the Court below. Insofar as the 2nd and 3rd petitioners are concerned, the entire proceedings is an abuse of process of Court and the same requires interference of this Court in exercise of its jurisdiction under Section 482 of Cr.P.C.

6. In the result, the proceedings in D.V.A.No.57 of 2014 on the file of the Judicial Magistrate No.VI, Coimbatore is quashed insofar as the 2nd and 3rd petitioners are concerned and the same is dismissed insofar as the 1st petitioner is concerned. It is left open to the respondent to proceed further to prosecute the domestic violence petition as against the husband / 1st petitioner.

7. This Criminal Original Petition is partly allowed and there shall be a direction to the Judicial Magistrate No.VI, Coimbatore to dispose of the proceedings in D.V.A.No.57 of 2014 as against the husband/1st petitioner within a period of three months from the date of receipt of copy of this order. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Judicial Magistrate No.VI, Coimbatore.

2.-Do- Thro' The Chief Judicial Magistrate, Coimbatore.

CRL.O.P.No.2219 of 2015 and M.P.Nos.1 and 2 of 2015 sv[co] srg 02/08/2019 https://hcservices.ecourts.gov.in/hcservices/