D.Ramachandran, v. Indrani @ Indra,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.02.2015
CORAM
THE HONOURABLE MR.JUSTICE R.S.RAMANATHAN Crl.O.P. No.3023 of 2015 and M.P.Nos.1 and 2 of 2015 1.D.Ramachandran 2.D.Bhavani 3.D.Harichandran 4.Dhanakoti ... Petitioners Vs 1.Indrani @ Indra 2.The Protection Officer, Domestic Violence Act, District Social Welfare Office, 8th Floor, Singaravelar Maligai, Rajaji Salai, Chennai - 1.
... Respondents Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records on the file of the second respondent in connection with D.V.C.No.31 of 2014 on the file of XV Metropolitan Magistrate Court, George Town, Chennai and quash the same against the petitioners.
For Petitioners : Mr.S.Ambigapathi
ORDER
This petition is filed to quash the proceedings in D.V.C.No.31 of 2014 on the file of XV Metropolitan Magistrate Court, George Town, Chennai.
2.It is submitted by the learned counsel for the petitioners that false allegations were made against the petitioners and no such occurrence has taken place and earlier, the first respondent has also agreed to compromise the matter and thereafter, has given the false complaint. It is also submitted that in the complaint given on 15.04.2014, the first respondent has admitted that she gave a complaint on 03.05.2013 before All Women Police Station, Chengam and thereafter, it was compromised and she was living with https://hcservices.ecourts.gov.in/hcservices/
her husband/first petitioner and therefore, a false complaint has been given.
3.According to me, in the complaint dated 15.04.2014 and also in the D.V.C. complaint, prima facie allegations were made for initiating action under the provisions of the Protection of Women from Domestic Violence Act, 2005. Hence I do not find any reason to quash the proceedings in D.V.C.No.31 of 2014 on the file of XV Metropolitan Magistrate Court, George Town, Chennai and the Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed.
Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar mmi To 1.The Protection Officer, Domestic Violence Act, District Social Welfare Office, 8th Floor, Singaravelar Maligai, Rajaji Salai, Chennai - 1.
2.The XV Metropolitan Magistrate, George Town, Chennai.
3. The Chief Metropolitan Magistrate Egmore, Chennai -8 1 cc to M/s.S. Ambigapathi, Advocate, Sr. 8044 Crl.O.P. No.3023 of 2015 RSK (CO) kk 24/2 https://hcservices.ecourts.gov.in/hcservices/