Madras High CourtCRL OP/30111/2012dismissed

D.Balarasu v. G.Sivasankari

2018-06-20Honourable Mrs Justice R. Hemalatha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2018

CORAM

THE HONOURABLE Mrs.JUSTICE R.HEMALATHA CRL.O.P.No.30111 of 2012 and M.P.Nos.1 & 2 of 2012 D.Balrasu .. Petitioner Vs G.Sivasankari .. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records relating to the case in M.C.No.8 of 2012 on the file of learned Judicial Magistrate, Kangayam, Tiruppur District as against the petitioner / A-4 herein, pending disposal of the above quash petition. For Petitioner : Mr.J.Franklin For Respondent : No appearance

O R D E R

Heard the learned counsel appearing for the petitioner. No representation for the respondent.

2.The respondent has filed a complaint under Domestic Violence Act, against the petitioner as well as three persons before the Judicial Magistrate, Kangayam, Tiruppur District. The petitioner is arrayed as fourth Accused in the said complaint.

3.Mr.J.Franklin, learned counsel appearing for the petitioner contended that the present petitioner is only a counsel for the accused 1 to 3 and that since he issued a notice to the respondent herein, he has been falsely implicated in the complaint lodged by the respondent. He would further contend that there are no allegations in the petition as to the role played by the present petitioner.

4.A perusal of the complaint shows that the present petitioner allegedly threatened the respondent herein to sign a deed of divorce along with her husband namely, Gopalsamy. Therefore, it cannot be said that the Magistrate had wrongly taken cognizance of the offence against the present petitioner. https://hcservices.ecourts.gov.in/hcservices/

5.In the facts and circumstances of the present case, i do not find any reason to quash the proceedings in M.C.No.8 of 2012, on the file of the Judicial Magistrate, Kangayam, Tiruppur District. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar ia To The Judicial Magistrate, Kangayam, Tiruppur District.

Crl.O.P.No.30111 of 2012 nr 05/07/2018 https://hcservices.ecourts.gov.in/hcservices/