Madras High CourtCRP(MD)/868/2025allowed

Sabarinathan v. Sobika Devi

2025-08-25Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 25/08/2025

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). No.868 of 2025 and CMP(MD) No.12692 of 2022

1. Sabarinathan,

2. Inthu @ Kirthiga ... Petitioners Vs

1. Sobika Devi

2. Dharmaraj

3. Tamilarasan

4. Jayanthi

5. Sathiya ... Respondents PRAYER :-Civil Revision Petition filed under Article 227 of the Constitution of India to call for the records relating to the petition in D.V.O.P.No.12 of 2023 on the file of Judicial Magistrate, Thirumangalam and stuck of the petition in D.V.O.P.No.12 of 2023 insofar as these petitioners are concerned.

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For Petitioners : Mr.S.M.Mohan Gandhi For Respondents : Mr.K.M.Karunakaran for R1

ORDER

The Civil Revision Petition is filed against D.V.O.P.No.12 of 2023 on the file of Judicial Magistrate, Thirumangalam and stuck off the petition in D.V.O.P.No.12 of 2023 insofar as these petitioners are concerned.

2. The first respondent is the wife. The 2nd respondent is the husband of the first respondent and the respondents 2 to 5 are the in-laws of the first respondent. Due to matrimonial dispute, the first respondent initiated domestic violence proceedings against the other respondents including the petitioners herein. The petitioners herein are the distant relatives of the respondents 2 to 5. When the petitioners are residing far away and when they have nothing to do with the alleged commission of offence, the inclusion of the petitioners herein in the domestic violence proceedings is baseless and illegal. On that pretext, the petitioners are before this Court.

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3. The learned counsel for the petitioners would submit that even a bare perusal of the complaint made by the first respondent, there was no allegation levelled against the petitioners herein, except to state that on the information given by the respondents 2 and 3, the petitioners herein was asked to visit the house of the respondents 2 to 5 for dropping the de-facto complainant at Madurai and as such, it is alleged that the petitioners herein harassed her. When the petitioners herein are no way connected to the family dispute, including the petitioners herein is not sustainable and hence, the learned counsel prays for interference.

4. The learned counsel for the respondent/R1 would submit that though there is no domestic relationship between the petitioners and the first respondent, except in Paragraph No.11, there is no allegations made against the petitioners herein.

5. I have considered the rival submissions and perused the materials available on record.

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6. Admittedly, the dispute is a matrimonial dispute. The first respondent and the respondent No.2 are the wife and husband respectively and the other respondents are in-laws of the first respondent. The first respondent has initiated domestic violence proceedings against the respondents 2 to 5 and the petitioners herein. A perusal of the complaint given by the first respondent would go to show that except in Paragraph No.11, no allegations whatsoever were made against the petitioners herein. Even a perusal of para 11, it has been stated that on the claim made by the respondents 2 and 3, the petitioners stated to have come to the house to pick the de-facto complainant for dropping her at Madurai. Except this statement, there is no allegation made against them.

When the petitioners are no way connected to the domestic violence as narrated by the first respondent and they are not the residing with the respondents 2 to 5, the complaint against the petitioners has no legs to stand and the implication of the petitioners are baseless. Accordingly, the proceedings against the petitioners herein is liable to be quashed.

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7. In view of the above, the Civil Revision Petition is allowed and the proceedings in D.V.O.P.No.12 of 2023 on the file of Judicial Magistrate, Thirumangalam, is hereby quashed against the petitioners herein. No costs. Consequently connected Miscellaneous Petition is closed.

25.08.2025 NCC : Yes/No Index : Yes/No RR To 1.The Judicial Magistrate, Thirumangalam 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI,J RR

ORDER

IN CRP(MD) No.868 of 2025 Date : 25/08/2025 6/6