Krishnan v. Sathyabama

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.10.2024

CORAM

THE HONOURABLE Mr. JUSTICE V.LAKSHMINARAYANAN C.R.P.(PD).No. 4231 of 2024 & C.M.P.No. 23493 of 2024 1.Krishnan 2.Tamilarasi 3.Madhubala

...Petitioners

Vs.

Sathyabama

...Respondent

Prayer: Petition is filed under Article 227 of the Constitution of India to quash DVC.No.7 of 2024 on the file of the District Munsif cum Judicial Magistrate, Neiveli.

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For Petitioner :

Mr. R.Nalliyappan.

ORDER

In view of the Judgement of the Full Bench of this Court in Arul Daniels and others Vs. Suganya - Crl.O.P. Sr.No.31852 of 2022 etc. batch, the petitioners have to move an application to strike off the Domestic Violence Case before the Judicial Magistrate. The Full Bench made it clear that if adverse orders are passed by the Judicial Magistrate as against the application to strike off, after exhausting remedy before the District and Sessions Court, a Civil Revision Petition can be preferred to this Court.

2. Hence, granting liberty to the petitioners to move a strike off application before the District Munsif cum Judicial Magistrate, Neiveli, the Civil Revision Petition is dismissed. Consequently, the connected miscellaneous petition is closed. No costs. 2/6

3. At this stage, Mr.R.Nalliyappan represents that there is a possibility of settlement. The learned District Munsif - cum - Judicial Magistrate, Neyveli, shall enquire from the parties whether they are willing to settle the matter by mediation. In case they express their willingness, the learned District Munsif - cum - Judicial Magistrate, Neyveli, shall refer the parties to the District Mediation Centre, Cuddalore.

22.10.2024 Index : Yes/No Internet : Yes/No kan 3/6

To The District Munsif cum Judicial Magistrate, Neiveli.

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V.LAKSHMINARAYANAN, J.

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