Mrs.Lourdu Mary v. D.Francis M/A 65 S/O
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.07.2019
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P Nos.5697 of 2013 and 31004 of 2014 M.P Nos.1, 2 of 2013 and 1, 2 of 2014 1.Lourdu Mary 2.Gnana Ezhil Mani @ Johnsi 3.Geetha Manju 4.A.V.Kumar
...Petitioners/Respondents 2 to 5
in Crl.O.P No.5697 of 2013 Ashok Kumar
...Petitioner/1st Respondent in
Crl.O.P.No.31004 of 2014 Vs.
D.Francis
...Respondent/Complainant
in both Crl.O.Ps.
COMMON PRAYER : Criminal Original Petitions filed under Section 482 of Criminal Procedure Code, to call for the entire records relating to the proceedings pending on the file of the Judicial Magistrate at Alandur, Chennai in S.T.C No.61 of 2012 against the petitioner and quash the same.
For Petitioner : Mr.S.Xavier Felix For Respondent : No Appearance COMMON ORDER These petitions have been filed to quash the Domestic Violence proceedings initiated by the respondent in S.T.C No.61 of 2012 on the file of the Judicial Magistrate, Alandur, Chennai.
2. The petitioners are the husband and in-laws of the daughter of the respondent.
3. The respondent has been served with the notice and his name has also printed in the cause list. However, there is no representation for the respondent. Therefore, this Court proceeded to decide this petition on merits.
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4. Heard the learned counsel for the petitioners.
5. Various grounds have been raised before this Court. However, this Court does not want to delve upon all the grounds. It is seen from the records that the respondent had already initiated proceedings for divorce in O.P No.2982 of 2012, before the II Additional Family Court, Chennai and the concerned Family Court, by judgment and decree dated 11.09.2014 had dissolved the marriage between the petitioner in Crl.O.P No.31004 of 2014 and his wife Vimal Christina Mary. In fact, the divorce proceedings were initiated by the wife.
6. In view of the above development, no useful purpose will be served in keeping the domestic violence proceedings pending.
7. In the result, the proceedings in S.T.C No.61 of 2012 on the file of the Judicial Magistrate, Alandur is hereby quashed and accordingly, these Criminal Original Petitions are allowed. Consequently, the connected miscellaneous petitions are closed. uma Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Judicial Magistrate, Alandur, Chennai.
2. -Do- Thro' The Chief Judicial Magistrate, Alandur, Chennai.
+2cc to Mr.S.Xavier Felix, Advocate, SR.No.64130 & 64131 CRL.OP.Nos.5697 of 2013 and 31004 of 2014 and M.P Nos.1, 2 of 2013 and 1, 2 of 2014 Kak(13/09/2019) https://hcservices.ecourts.gov.in/hcservices/