Madras High CourtCRL OP(MD)/3054/2017disposed of

Sankara Nainar Moorthy v. Gomathi

2019-07-02Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 02.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD).No.3054 of 2017 1.Sankara Nainar Moorthy 2.Subbulakshmi 3.Sankaran Pillai 4.Ponnammal ... Petitioners/Respondents 1 to 4 Vs.

1.Gomathi 2.Minor.Muthu Priyadharshini ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in the petition in M.C.No.17 of 2016 on the file of the learned Judicial Magistrate No.I, Thoothukudi, Thoothukudi District and quash the proceedings as against the petitioners herein initiated on the basis of the petition filed by the respondent.

For Petitioners :

Mr.A.Thiruvadikumar For Respondents : No Appearance

O R D E R

This Criminal Original Petition is filed to quash the proceeding in M.C.No.17 of 2016 pending on the file of the learned Judicial Magistrate No.I, Thoothukudi, Thoothukudi District initiated under the Domestic Violence Act.

2.Today, when the matter is taken up for hearing, the learned counsel for the petitioners submitted that the first petitioner is paying the maintenance amount of Rs.5,000/- p.m., to the respondents. He would further submit that the petitioners are ready to face trial.

3. Even though notice was served on the respondents and their names were also printed in the cause list, none appeared on behalf of the respondents.

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4. Considering the facts and circumstances of the case and also considering the submission made by the learned counsel for the petitioner, the learned Judicial Magistrate No.1, Thoothukudi, Thoothukudi District is directed to dispose of the case in M.C.No.17 of 2016 within a period of three months from the date of receipt of a copy of this order.

5. With this direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) To

1. The Judicial Magistrate No.I, Thoothukudi, Thoothukudi District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD).No.3054 of 2017 02.07.2019 CS/ /SAR/18.07.2019/ 2P/ 3C https://hcservices.ecourts.gov.in/hcservices/