S.Karunanidhi v. K.Lakshmidevi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.25325 of 2014 and M.P.No.1 of 2014

1. S.Karunanidhi

2. Meenakshi

3. Neelangandam

4. Bharathi

5. Paneerselvam

...Petitioners

Vs.

K.Lakshmidevi

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the complaint filed by the respondent in M.C.No.9 of 2013 on the file of the Learned Judicial Magistrate I Villupuram and to quash the same. For Petitioners: No Appearance For Respondent : Mr.C.Prakasam

ORDER

This petition has been filed challenging the Domestic Violence Proceedings initiated by the respondents against her husband and her in-laws.

2. Even, at the time of admission, this Court, has dismissed this petition insofar as the 1st petitioner is concerned and entertained the petition only insofar as the petitioners 2 to 5 are concerned.

3. The learned counsel for the respondent submitted that till date, the respondent has not been paid any maintenance and she has been virtually left in the streets with a child and the proceedings are pending without any progress for the last five years.

4. The grounds raised by the petitioner are all factual in nature and it requires appreciation of evidence and this Court cannot decide the same in exercise of its jurisdiction under Section 482 of https://hcservices.ecourts.gov.in/hcservices/

Criminal Procedure Code. It is left open to the petitioner to raise all the grounds before the Court below and the same shall be considered on its own merits and in accordance with law. This Court is not inclined to interfere with the proceedings pending before the Court below.

5. Accordingly, this Criminal Original Petition is disposed of, with a direction to the learned Judicial Magistrate No.I, Villupuram to dispose of the M.C.No.9 of 2013 within a period of three months from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sni/uma To The Judicial Magistrate I, Villupuram.

+1cc to Mr.C.Prakasam. , Advocate SR.No. 56067 CRL.OP.No.25325 of 2014 and M.P.No.1 of 2014 A.SK(19/07/2019) https://hcservices.ecourts.gov.in/hcservices/