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Madras High CourtCRL OP/9275/2019dismissed

Venkatesh Kumaraswamy v. Gomathi

2019-04-05Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9275 of 2019 & Crl.M.P.No.4892 of 2019 Venkatesh Kumaraswamy ... Petitioner Vs.

Gomathi ...Respondent PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C. to call for records in D.V.A.No.25 of 2017, pending on the file of the learned Judicial Magistrate-I at Coimbatore and quash the above proceedings and to grant such other relief or reliefs that this Court may deem fit and proper in the circumstances of the case.

For Petitioner : Mr.R.Manickavel

ORDER

This Criminal Original Petition has been filed by the petitioner under Section 482 Cr.P.C. to call for records in D.V.A.No.25 of 2017, pending on the file of the learned Judicial Magistrate-I at Coimbatore and quash the above proceedings and to grant such other relief or reliefs that this Court may deem fit and proper in the circumstances of the case. 2.The learned counsel for the petitioner would submit that the petitioner is the husband of the respondent and the marriage between them was solemnized on 13.12.2015. Thereafter, due to matrimonial disputes the respondent and her husband are living separately. The respondent planned to grab the property and money from the petitioner, when the said attempt was failed, the respondent damaged the household articles to the tune of Rs.8 lakhs and filed a complaint before the police. Thereafter, filed a petition under Domestic Violence Act in D.V.A. No.25 of 2017 on the file of the learned Judicial Magistrate-I, https://hcservices.ecourts.gov.in/hcservices/

Coimbatore and implicated the petitioner and sought action as against him under Domestic Violence Act. The said D.V.A.No.25 of 2017 is pending for trial. Accordingly, prays for appropriate relief.

3.Heard the learned counsel for the petitioner. 4.In view of the above submissions, it is seen that the impugned proceedings in DVA.No.25 of 2017 is pending from the year 2017, the Trial Court is hereby directed to complete the trial within a period of three months from the date of receipt of copy of this order.

5.In the result, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Deputy Registrar (CJ Conf.) //True Copy// Sub Assistant Registrar kas To 1.

The Judicial Magistrate-I Coimbatore.

2.

Do Thro' The Chief Judicial Magistrate, Coimbatore.

+1cc to Mr.R.Manickavel, Advocate, S.R.No.33640 Crl.O.P.No.9275 of 2019 & Crl.M.P.No.4892 of 2019 VD(CO) CS/27/06/2019 https://hcservices.ecourts.gov.in/hcservices/