Rajasait, M/38 v. Jesima Parveen, F/35

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.702 of 2017 and Crl.M.P.Nos.491 and 492 of 2017 1.Rajasait 2.Abdul Rasheed 3.Sarifa Bagum 4.Shakith 5.Mehrunnisha .. Petitioners/Respondents 1 to 5 Vs.

Jesima Parveen ..Respondent/Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, praying to call for the records relating to the complaint in D.V.C.No.44 of 2013 pending on the file of the learned Judicial Magistrate Court No.7, Coimbatore, quash the same by allowing this Criminal Original Petition.

For Petitioners : Mr.N.Manokaran For Respondent : Mr.M.Guruprasad

O R D E R

This petition has been filed seeking to quash the D.V.C.No.44 of 2013 pending on the file of the learned Judicial Magistrate Court No.7, Coimbatore.

2.The first petitioner is the husband and the petitioners 2 to 5 are in-laws of the respondent.

3.The learned counsel for the petitioners herein had raised various issues before this Court. The learned counsel also brought to the notice of this Court the proceedings of the Government Kazi, who has recorded the dissolution of the marriage between the first petitioner and the respondent. The learned counsel also submitted that the in-laws have been unnecessarily added as parties and they have nothing to do with the relationship between the first petitioner and the respondent. 5.This Court is able to see that the Domestic Violence was filed in the year 2013 and the same has been challenged in the year 2017. This Court does not want to interfere with the proceedings at this stage. All the issues raised by the learned counsel for the petitioners can be raised before the Court below https://hcservices.ecourts.gov.in/hcservices/

and the Court below shall consider the same on its own merits and in accordance with law.

6.The presence of the petitioners 2 to 5 is dispensed with and they shall be represented by a counsel before the Court below. The first petitioner shall be present before the Court below during all the hearing dates.

7.The learned counsel for the respondent would submit that the case has been transferred from the file of the Judicial Magistrate No.7, Coimbatore to the Additional Mahila Court, Coimbatore on 29.06.2017.

8.Criminal Original Petition is disposed of with direction to the Additional Mahila Court, Coimbatore to dispose of D.V.C.No.44 of 2013, within a period of two months, and file a compliance report before this Court after the conclusion of the proceedings. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Judicial Magistrate Court No.7, Coimbatore. 2.The Additional Mahila Court, Coimbatore.(To file a compliance report) copy to:

The Section Officer, Criminal Section, High Court, Madras (To list the case for reporting compliance) +1cc to Mr.M.Guruprasad, Advocate sr.no.80825 Crl.O.P.No.702 of 2017 vgi(co) nr 11/01/2019 https://hcservices.ecourts.gov.in/hcservices/