Manoj, v. Sivakami,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 22/12/2021 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl. O.P. No.29288 of 2017 a n d Crl.M.P.Nos.16561 and 16562 of 2017

1. Manoj

2. Ponnappan

3. Maniammal

4. Manees

5. Raji ...

Petitioners Vs Sivakami ...

Respondent PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to the proceedings in D.A.V.No.15 of 2017 on the file of the Judicial Magistrate No.III, Erode and quash the same.

For Petitioners ...

Mr.J.Pothiraj For Respondent ...

Mr.S.Selvathirumurugan

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in D.A.V.No.15 of 2017 on the file of the Judicial Magistrate No.III, Erode.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. As the petition is filed under Section 12 of the Domestic Violence Act, invoking penal provision does not arise at all and only the Magistrate has to find out any Domestic Violence has been committed or not. In such a view of the matter, this Court is not inclined to entertain this Criminal Original https://hcservices.ecourts.gov.in/hcservices/

Petition.

4. In the result, this Criminal Original Petition is dismissed. The learned counsel for the petitioners requested this Court to dispense with the presence of the petitioners. Taking into consideration, the facts and circumstances of the case, the presence of the petitioners before the Trial Court is dispensed with except for receipt of copies, answering the charges, questioning under Section 313 Cr.P.C., or on any other date as may be required by the trial Court. Consequently, connected Criminal Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-V) // True Copy // Sub Assistant Registrar mvs To 1.The Judicial Magistrate No.III, Erode.

+1cc to Mr.J.Pothiraj, Advocate SR.No.69348 Crl. O.P. No.29288 of 2017 SSD(CO) CB(20/01/2022) https://hcservices.ecourts.gov.in/hcservices/