K.R.Ramanujam v. Mrs.Lavanya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.25980 of 2014 and CRL.M.P.Nos.1 & 2 of 2014

1. K.R.Ramanujam

2. A.Chandra

3. Sumathi

4. Anuradha

...Petitioners

vs.

Lavanya

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No.7101 of 2014 on the file of the learned V Metropolitan Magistrate Court, Egmore, Chennai and quash the same.

For Petitioners : Mr.S.Muthukrishnan For Respondent : Mr.Silambu Selvan

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.7101 of 2014 initiated by the respondent under the Domestic Violence Act.

2. The petitioners are father-in-law, mother-in-law and sisters-in-law of the respondent.

3. It is seen from the records that the petitioners were living separately and the respondent is living with her husband and therefore, no domestic violence can be attributed as against the petitioners. The respondent has not made any specific allegations against the petitioners except for certain general allegations. Even in the absence of a domestic relationship with the respondent, the petitioners have been roped in the domestic violence petition.

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4. Heard the learned counsel for the petitioners and the learned counsel appearing on behalf of the respondent.

5. In the facts and circumstances, this Court is of the considered view that the proceedings as against the petitioners is an abuse of process of court and the same requires interference of this Court in exercise of its jurisdiction under Section 482 of Cr.P.C.

6. In the result, the proceedings in C.C.No.7101 of 2014 on the file of the learned V Metropolitan Magistrate Court, Egmore, Chennai is quashed insofar as the present petitioners are concerned. It is left open to the respondent to proceed further to prosecute the domestic violence petition as against the husband.

7. This Criminal Original Petition is allowed and there shall be a direction to the learned V Metropolitan Magistrate Court, Egmore, Chennai to dispose of the proceedings in C.C.No.7101 of 2014 as against the husband within a period of three months from the date of receipt of copy of this order. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ssr To The V Metropolitan Magistrate Court, Egmore, Chennai.

CRL.O.P.No.25980 of 2014 and CRL.M.P.Nos.1 & 2 of 2014 rgn[co] srg 16/08/2019 https://hcservices.ecourts.gov.in/hcservices/