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Madras High CourtCRL OP/5727/2017allowed

N.Parimala, F/32 Years v. Mrs.Shalini

2017-08-09Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.08.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.5727 of 2017 and 4295 & 4296 of 2017 N. Parimala ..Petitioner Vs Shanthi .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to i). to dispense with the personal appearance of the petitioner /R5 in the case in DVC. No. 47 of 2016 on the file of the learned Judicial Magistrate, Alandur.

ii). To stay of all further proceedings in DVC. No. 47 of 2016 on the file of the learned Judicial Magistrate, Alandur.

iii).To call for the records relating to the proceedings in DVC. NO. 47 of 2016 on the file of the learned Judicial Magistrate, Alandur and quash the same.

For Petitioner : M/s.M.Babu Muthu Meeran For Respondent : M/s.N. Rabiya *****

O R D E R

The prayer sought for in the present petition is to quash proceedings in DVC. No. 47 of 2016 pending on the file of the learned Judicial Magistrate, Alandur.

2. There is no relief sought for against the petitioner/5th respondent. It is seen that the 5th respondent is neither in domestic relationship with the complainant nor any averments is made against the petitioner/5th respondent, which can be construed to be offences under the Domestic Violence Act.

3. Hence the proceedings against the petitioner/5th respondent are quashed. Accordingly, the Criminal Original Petition stands allowed. Since, the proceedings are pending from the year 2016 onwards, the learned Judicial Magistrate, Alandur shall endeavor to complete the proceedings as expeditiously as possible.

Consequently, the connected Miscellaneous Petitions are also closed. 09.08.2017 Index:yes/no Internet:yes/no ak To The Judicial Magistrate, Alandur.

M.S. RAMESH.J., ak CRL.O.P.No.5727 of 2017 09.08.2017