Madras High CourtCRL OP(MD)/5607/2015disposed of

Gnanavel v. Saranya

2018-02-23Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.5607 of 2015 and M.P.(MD).No.1 of 2015 and Crl.M.P.(MD).No.963 of 2018 1.Gnanavel 2.Chinnaponnu ... Petitioners/Respondents 2 & 3 -Vs1.Saranya 2.Minor Mathitha Minor rep. By her natural guardian and mother first respondent ... Respondents/Complainants PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records relating to the proceedings in M.C.No.17 of 2014 on the file of the Judicial Magistrate Court, Aranthangi, Pudukkottai District and quash the same as illegal.

For Petitioner : Mr.T.Lenin Kumar For Respondent : Mr.S.Veeranasamy

O R D E R

This Criminal Original petition has been filed filed by the respondents 2 and 3 in M.C.No.17 of 2014 on the file of the Judicial Magistrate, Aranthangi to quash the proceedings in the aforesaid M.C.No.17 of 2014.

2.Heard both sides.

3.The learned counsel for the petitioner has submitted that the petitioners are father-in-law and mother-in-law respectively of the first respondent herein. He further submitted that in the report submitted by the Social Welfare Officer, no relief is asked against the petitioners herein. Therefore, the proceedings against the petitioners herein has to be quashed.

4.The learned counsel for the respondents has submitted that in the petition given by the respondents 1 & 2 to the Social Welfare Officer, she has clearly stated that the petitioners herein also have committed domestic violence and hence, he strongly opposed this petition.

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5.Though the petitioners have asked for a larger relief, without going into the merits of the case, this Court directs the learned Judicial Magistrate, Aranthangi to dispose of M.C.No.17 of 2014 within a period of three months from the date of receipt of a copy of this order in accordance with law. Considering the age of the petitioners, their personal appearance before the trial court is dispensed with, unless specifically ordered by the Judicial Magistrate.

6.With the above direction, this Criminal Original Petition is disposed of. Consequently, connected M.P.(MD).No.1 of 2015 and Crl.M.P.(MD).No.963 of 2018 are closed.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To The Judicial Magistrate Court, Aranthangi Pudukkottai District.

+1CC TO M/S.T.LENIN KUMAR, ADVOCATE, SR NO.51174 +1CC TO M/S.S.VEERANA SAMY, ADVOCATE, SR NO.51002 CRL.O.P.(MD)No.5607 of 2015 23.02.2018 vs MS/SKN-RSK/SAR-3/14.03.2018/2P.4C https://hcservices.ecourts.gov.in/hcservices/