G.K.Sridharan v. Karishma

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2024

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN CRP No.4051 of 2024 & CMP.Nos.22273 & 22274 of 2024 1.Sridharan 2.Krishnan 3.Kalyani 4.Amirtha : Petitioners versus 1.Karishma 2.Minor Pranav 3.Minor Diyyah : Respondents (minors represented by her natural guardian and mother Karishma) Prayer: Petition filed under Article 227 of the Constitution of India seeking to strike off the proceedings made in DVC.No.49 of 2024 on the file of the XVII Metropolitan Magistrate, Saidapet, Chennai. For Petitioners : Mr.C.Sivanesan

ORDER

This civil revision petition seeks to quash DVC.No.49 of 2024 on the file of the XVII Metropolitan Magistrate, Saidapet, Chennai.

2. A Full Bench of this Court in Arul Daniel v. Suganya, (2022) 2 LW (Cri) 801 (FB) has held that if the parities to the domestic violence case feel that they have been unnecessarily impleaded as parties in the proceedings, then the appropriate remedy for them is to move an application for striking their name off from the array of parties before the very court. It also observed that the revision under Article 227 of the Constitution of India should not be entertained as course.

3. Since the petitioners have the remedy that has been given by the Full Bench, this civil revision petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.

4. Taking into consideration the age of the second and third

petitioners, and the fourth petitioner is a married woman, their presence is dispensed with. However, they shall present themselves in court whenever their appearance is essential or when so directed by the learned Judicial Magistrate.

03.10.2024 nl Index : Yes/No Speaking order/Non speaking order : Yes/No To The XVII Metropolitan Magistrate, Saidapet, Chennai.

V.LAKSHMINARAYANAN, J.

nl 03.10.2024