T.Ramesh S/O.G.Thiruvengadam v. B.Sudha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2015

CORAM

The Hon'ble Mr. Justice R.S.Ramanathan Crl.O.P.No. 3168 of 2013 and M.P.No.1 of 2013 and M.P.No.1 of 2014

1. T.Ramesh

2. T.Manjula

...Petitioners

vs.

B.Sudha

...Respondent

Criminal Original Petition filed under Section 482 of the Criminal Procedure Code to call for records in C.C.No.4311 of 2012, on the file of the V Metropolitan Magistrate, Egmore, Chennai and to quash the same against the petitioners herein are concerned. For Petitioners: Mr.N.R.Elango, Senior Counsel for L.Baskaran For Respondent : Mrs.C.Shyaamala

O R D E R

The petitioners are respondents 3 and 4 in C.C.No.4311 of 2012, on the file of V Metropolitan Magistrate, Egmore, Chennai. 2.

The respondent herein initiated the aforesaid proceedings under the provisions of Protection of Women from Domestic Violence Act, 2005 against her husband, mother-in-law, and the petitioners herein, who are her brother-in-law and sister-in-law. The petitioners, who are respondents 3 and 4, have filed this Petition to quash the aforesaid case filed against them. 3.

During arguments, the learned Senior Counsel for petitioners submitted that the petitioners had never interfered with the life of the respondent with the first accused, viz., husband, and they have never done any domestic violence, as envisaged in the Act, and they are also prepared to file an affidavit to that effect. 4.

The learned counsel appearing for the respondent also agreed that, if the petitioners filed such affidavit, this Petition may be allowed.

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5.

Today, the petitioners filed individual affidavits, stating that they never interfered in the matrimonial life of the respondent with her husband, and in future also, they would not interfere in the matrimonial life of the respondent.

6.

The individual affidavits filed by the petitioners are taken on record and the copies of the affidavit were also served on the respondent, and the learned counsel for the respondent is also satisfied with the nature of affidavits filed by the petitioners. 7.

Considering the affidavits filed by the petitioners, this Criminal Original Petition is allowed and the proceedings in C.C.No.4311 of 2012, against the petitioners herein are quashed, and the learned V Metropolitan Magistrate, Egmore, Chennai, is directed to dispose of the case in C.C.No.4311 of 2012, as expeditiously as possible. Consequently, connected M.P. are closed. Sd/- Assistant Registrar Dated:26.3.15 True Copy Sub Assistant Registrar To 1.The V Metropolitan Magistrate, Egmore, Chennai 2.do thro' The Chief Metropolitan Magistrate, Egmore, Chennai.

+1 cc to Mr.L.Baskaran, Advocate,SR.14359.

rj(co) krd 26/3 Crl.O.P.No3168 of 2013 https://hcservices.ecourts.gov.in/hcservices/