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Madras High CourtCRL OP/21323/2016dismissed

Raju, Aged 71 Years v. S.Juliet, Aged 28 Years

2022-03-16Honourable Mr Justice G. Chandrasekharan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2022

CORAM

THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN CRL.O.P.Nos.21323 & 23458 of 2016 In Crl.O.P.No.21323 of 2016 1.Raju 2.Vasantha

...Petitioners/Respondents 5 & 6 in

Crl.O.P. 21323 of 2016 In Crl.O.P.No.23458 of 2016 Dhanapal

...Petitioner/Respondent 4 in

Crl.O.P in 23458 of 2016 Vs.

In Both Crl.O.P.'s S.Juliet

...Respondent/Complainant in both

Crl.O.P's Prayer in Both Crl.O.P.'s:- Criminal Original Petitions are filed under Section 482 of Code of Criminal Procedure, to call for the records in D.V.C.No.45 of 2016, pending on the file of the learned Judicial Magistrate, Additional Mahila Court, Salem, and quash the same.

In Both Crl.O.P.'s:- For Petitioners : NA For Respondents : Mr.T.Mohanraj for Mr.R.Nalliyappan

ORDER

Both these petitions have been filed to call for records in D.V.C.No.45 of 2016, pending on the file of the learned Judicial Magistrate, Additional Mahila Court, Salem, and quash the same.

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2.There was no representation for the petitioners during previous hearing and both the cases are ordered to be posted for dismissal today. When the matter was taken up in the morning, learned counsel for the petitioners requested for pass over. When the matter was taken at 4.15 p.m and again at 4.30 p.m, there was no representation for the petitioner. 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. 3.Following order reported in 2021 1 L.W. 289 P.Pathmanathan and others Vs. V.Monica and Others, this Court finds that both the Criminal Original Petitions in CRL.O.P.Nos.21323 & 23458 of 2016 are not maintainable and dismissed accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ep To The Judicial Magistrate, Additional Mahila Court, Salem.

CRL.O.P.Nos.21323 & 23458 of 2016 SRA (CO) PR (01/04/2022) https://hcservices.ecourts.gov.in/hcservices/