Paramasivam v. V. Surya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and CMP.Nos.19594 & 19595 of 2021 1.Paramasivam 2.Sivapunniyam 3.Veeraragavan 4.Balaarasi ..Petitioners Vs.

1.V.Surya 2.Vijayaragavan ..Respondents Praye: Civil Revision Petition filed under Article 227 of the Constitution of India, against the petition / complaint filed in DVC.No.4 of 2020 pending on the file of the Judicial Magistrate Court No.II, Virudhachalam. For Petitioner : Mr.K.Gandhi Kumar

O R D E R

Heard Mr.K.Gandhi Kumar, learned counsel appearing for the petitioner.

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2.The prayer in this revision is for quashing of a complaint filed under Domestic Violance Act in DVC.No.4 of 2020 on the file of the Judicial Magistrate - II, Virudhachalam.

3.The only contention, on which the proceedings are sought to be quashed is that there is a mistake in quoting the provision of law. Quashing of a domestic violence case is equivalent to quashing of a First Information Report, for which a very strong reason is required. Mere quoting of wrong provision of law cannot be a ground for quashing of the proceedings under Domestic Violence Act. Hence, I do not find any merit to entertain this revision. This civil revision petition therefore, fails and it is accordingly dismissed, leaving it open to the petitioner to raise all defences open to him before the Judicial Magistrate. No costs. Consequently, connected miscellaneous petitions are closed.

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To:- The Judicial Magistrate - II, Vridhachalam.

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R.SUBRAMANIAN, J.

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