Madras High CourtCRL OP(MD)/1308/2020dismissed

Lakshmi v. C.Sathya

2020-01-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.1308 of 2020 and Crl.M.P.(MD)Nos.587 and 588 of 2020

1. Lakshmi

2. Anu @ Anitha Parvathi : Petitioners Vs.

C.Sathya : Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to the complaint in D.V.O.P.No.17 of 2019 on the file of the Judicial Magistrate No.2, Nagercoil, Kanniyakumari District filed by the respondent under section 12 of protection of Women from Domestic Violence Act, 2005 and quash the same insofar as the petitioners alone.

For Petitioners : Mr.Muthumalairaja For Mr.N.Pragalathan

ORDER

This Criminal Original Petition has been filed to quash the proceedings in D.V.O.P.No.17 of 2019 on the file of the Judicial Magistrate No.2, Nagercoil, Kanniyakumari District. 2.The learned counsel appearing for the petitioners would submit that the petitioners are in-laws and there is no domestic relationship between the petitioners and the respondent/complainant and hence, sought for quashment of the proceedings. 3.This Court is of the view that all the grounds can be raised before the trial Court and there is no merit in the quash petition.

4. At this juncture, the learned counsel appearing for the petitioners prayed that the personal appearance of the petitioners before the trial Court, may be dispensed with. 5.Accepting the said submission, the presence of the petitioners before the trial Court shall be dispensed with on condition that they shall be duly represented by a counsel on all hearing dates and they will make themselves available at the time of passing of judgment.

6.Accordingly, this Criminal Original Petition dismissed. Consequently, connected Miscellaneous petition in Crl.M.P(MD) No.587 of 2020 stands closed and Crl.M.P(MD) No.588 of 2020 stands https://hcservices.ecourts.gov.in/hcservices/

ordered. Further the trial court is directed to complete the trial proceedings within a period of three months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) aav To The Judicial Magistrate No.2, Nagercoil, Kanniyakumari District +1 CC to Mr.N.PRAGALATHAN, Advocate ( SR-3517[F] dated 28/01/2020 ) Crl.O.P.(MD)No.1308 of 2020 and Crl.M.P.(MD)Nos.587 and 588 of 2020 28.01.2020 VB(10.02.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/