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Madras High CourtCRP/5046/2023allowed

K.M.Raja Sekhar v. K.Rama Priya @ Rohin Priya

2025-08-13Honourable Mr.Justice P.B. Balaji6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.08.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI CRP.No.5046 of 2023 & CMP.No.29345 of 2023 1.K.M.Raja Sekhar 2.K.Sarathambal ... Petitioners Vs.

K.Rama Priya @ Rohin Priya ... Respondent Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, to quash the proceedings in domestic violence complaint in D.V.C.No.200 of 2023 on the file of the Special Court to try cases filed under Protection of Women from Domestic Violence Act, Coimbatore, preferred by the respondent against the petitioners 1 and 2. For Petitioners : Mr.K.R.Arjun Shabari For Respondent : Mr.R.Sethuvarayan

ORDER

The Civil Revision Petition has been filed to quash the proceedings in domestic violence complaint in D.V.C.No.200 of 2023 on the file of the 1/6

Special Court to try cases filed under Protection of Women from Domestic Violence Act, Coimbatore, preferred by the respondent against the petitioners 1 and 2.

2.Heard the learned counsel for the petitioners and the learned counsel for the respondent.

3.The husband and mother-in-law are the revision petitioners, seeking to strike off the domestic violence complaint in D.V.C.No.200 of 2023 on the file of the Special Court to try cases filed under Protection of Women from Domestic Violence Act, Coimbatore.

4.The learned counsel for the petitioners would state that the domestic violence complaint under Section 12 of the Protection of Women from Domestic Violence Act has been given by the respondent on 28.08.2023. However, there has been a settlement before this Court in CMA proceedings and I am able see from the Joint Memorandum of Compromise/Settlement Agreement dated 13.06.2023 that the matrimonial proceedings have been fully and finally settled between the parties and the respondent/wife has 2/6

categorically undertaken that all claims, including maintenance, alimony and return of articles, have been settled in full quits. It is also undertaken that the parties would withdraw all proceedings initiated by them jointly or severally pending before the Courts, including the police authorities. They have also additionally undertaken that they would not initiate any further proceedings against the husband or his family members, in relation to any cause of action that may have arisen till date. 5.The said compromise was recorded by the Hon'ble Division Bench of this Court on 13.06.2023 in CMA.Nos.16 & 17 of 2010 along with CRP.(NPD).No.18 of 2010 for return of articles and Crl.R.C.No.52 of 2010 for enhancement of maintenance and the same were dismissed, in view of the settlement reached between the parties.

Having come before the Hon'ble Division Bench of this Court and settled the matter, clearly indicating that there are no further claims towards return of articles and also undertaking that no further proceedings will be initiated against the husband and his family, it is very unfortunate that the respondent has proceeded to file a fresh domestic violence complaint in August 2023, against the husband and the mother-in-law which is a clear abuse of process of law.

inclined to allow the Civil Revision Petition with costs. 6.Accordingly, the Civil Revision Petition is allowed and the domestic violence complaint in D.V.C.No.200 of 2023 is quashed. The respondent shall pay Rs.50,000/- (Rs.25,000/- each) to the petitioners as costs, within a period of four weeks from the date of receipt of a copy of this order. Connected Civil Miscellaneous Petition is closed. 13.08.2025 Speaking/Non-speaking : Yes/No Index : Yes / No Internet : Yes / No ata 4/6

To The Special Court to try cases filed under Protection of Women from Domestic Violence Act, Coimbatore.

5/6

P.B. BALAJI,J.

ata CRP.No.5046 of 2023 & CMP.No.29345 of 2023 13.08.2025 6/6