S.Sheril v. D.J.Isinth

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and CMP.Nos.19178 & 19180 of 2021 1.S.Sheril 2.S.Mary Gilda ..Petitioners Vs.

D.J.Isinth ..Respondent Praye: Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records relating to DV.No.13 of 2017 dated 00 00 0000 on the file of the Judicial Magistrate Court at Thiruvotriyur, Thiruvallur District.

For Petitioners : Mr.S.Srinivasanarayanan for Mr.S.Arivazhagan

O R D E R

The petitioner seeks for quashing of the proceedings under the Domestive Violence Act initiated by the wife. Quashing of a criminal 1/4

proceeding cannot be done for the mere asking. The sole ground urged is that the marriage was dissolved by a decree for divorce. It is open to the petitioner to go before the concerned Magistrate and seek discharge. I do not see any ground to quash the proceedings as quashing of a complaint under Domestic Violence Act is equivalent to quashing of a First Information Report. The revision filed under Article 227 cannot be entertained in such case unless there are very strong reasons available for taking such extreme step.

2.This civil revision petition therefore, fails and it is accordingly dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

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To:- The Judicial Magistrate, Thiruvotriyur, Thiruvallur District.

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R.SUBRAMANIAN, J.

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