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Madras High CourtCRL OP/3782/2014disposed of

S.Vinoth v. S.Suma

2019-02-13Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3782 of 2014 and M.P.Nos.1 & 2 of 2014 S.Vinoth

...Petitioner/1st Respondent

Vs.

S.Suma

...Respondent/Petitioner

Prayer: Criminal Original Petition filed under section 482 of Criminal Procedure Code, to call for the records and quash the proceedings as against the petitioner in S.T.C.No.299 of 2013 pending on the file of the Learned Judicial Magistrate, Alandur. For Petitioner : Mr.S.Sairamam

ORDER

This Criminal Original Petition has been filed to quash the proceedings in S.T.C.No.299 of 2013 on the file of the learned Judicial Magistrate, Alandur, under the Protection of Women from Domestic Violence Act.

2. The learned Counsel appearing for the petitioner would submit that the petitioner is the husband of the respondent and he has not committed any offence as alleged by the respondent. Only in order to harass the petitioner, the respondent filed a petition under the Domestic Violence Act, as against the petitioner and others in S.T.C.No.299 of 2013 before the learned Judicial Magistrate, Alandur. Hence he prayed to quash the same.

3. It is seen that the present case is arising out of Domestic Violence Act and the petitioner is the husband of the respondent. There are specific avernments to attract the offences as against the petitioner. More over all the points raised by the petitioner have to be considered only during the trial. The petitioner is at liberty to raise all the points before the Court below during the trial. Therefore, this Court is not inclined to quash the proceedings in C.C.No.299 of 2013. However, considering the case is of the year 2013, the trial Court is directed to complete the trial proceedings within a period of six months from the date of receipt of copy of this Order.

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4. With the above directions, this Criminal Original Petition stands disposed of. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar rts To The Judicial Magistrate Court, Alandur.

+1cc to Mr.S.Sairaman, Advocate, S.R.No. 13234 Crl.O.P.No.3782 of 2014 and M.P.Nos.1 & 2 of 2014 SAI(CO) GN(01/04/2019) https://hcservices.ecourts.gov.in/hcservices/