Thomas Tojo,S/O.Soosaiya v. Mrs.E.S.Angel Mary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.5754 of 2018 and Crl.M.P.(MD)Nos.2757 and 2758 of 2018 1.Thomas Tojo 2.F.Soosiya 3.Celin Rani 4.S.Loyde Joyson

...Petitioners

Vs.

E.S.Angel Mary ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to call for the records pertaining to the proceedings in D.V.C.No.5 of 2016 on the file of the Judicial Magistrate No.II, Kuzhithurai and quash the same as against the petitioner. For Petitioners : Dr.R.Rajagopal For Respondent : Mr.M.R.Sreenivasan

ORDER

This petition has been filed challenging the proceedings initiated by the respondent under the Domestic Violence Act.

2. The learned Counsel for the respondent would submit that a final order has been passed in D.V.S.No.5 of 2016 on 02.08.2018.

3. The learned Counsel for the petitioner would submit that a petition has been filed to set aside the order, since the order has been passed exparte.

4. The fact remains that D.V.C.No.5 of 2016 is no more pending in view of the order passed on 02.08.2018. Therefore, the Criminal Original Petition has become infructuous and the same is dismissed. Consequently, the connected Miscellaneous Petitions are also dismissed.

Sd/- Assistant Registrar(AD-I) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS-II)

To The Judicial Magistrate Court No.II, Kuzhithurai.

+1CC to Mr.R.Nandakumar, Advocate, SR.No.86904 +1CC to Dr.R.Rajagopal, Advocate, SR.No.86779 Crl.O.P.(MD).No.5754 of 2018 26.09.2018 1/3 SSL ES/SKN/RSK/SAR 2/15.10.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/