Srikanda Moorthi v. Dr.A.K.Veena Priyanka,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.21606 of 2016 and Crl.M.P.(MD).No.11095 of 2016 1.Srikanda Moorthi 2.Agalya 3.Abhisheik .. Petitioners /R3, R2 and R4 Vs.

Dr.A.K.Veena Priyanka .. Respondent/Petitioner PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records in the petition in D.V.C.No.181 of 2015 on the file of the learned Judicial Magistrate/Additional Mahila Court, Tiruchirappalli, Tiruchirappalli 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

O R D E R

This petition is filed seeking to quash the proceedings in D.V.C.No.181 of 2015 on the file of the learned Judicial Magistrate/Additional Mahila Court, Tiruchirappalli, Tiruchirappalli District.

2.Heard the learned counsel for the petitioners and perused the materials available on record.

3. D.V.C.No.181 of 2015 was filed against the petitioners under Provisions of Section 12 of Protection of Women from Domestic Violence Act, 2005.

4. Mr.A.Thiruvadikumar, learned counsel for the petitioners would submit that the petitioners have been falsely roped in this case and prays for quashment of the proceedings.

5. Per contra, the learned Government Advocate (Crl. Side), on instructions would submit that the case need not be quashed. 6.Considering the rival submissions made by both sides and https://hcservices.ecourts.gov.in/hcservices/

also the stage of the case, this Court is not inclined to quash the proceedings in D.V.C.No.181 of 2015 on the file of the learned Judicial Magistrate/Additional Mahil Court, Tiruchirappalli, Tiruchirappalli District. Hence, the criminal original petition is dismissed. Consequently, connected M.P.(MD).No.11095 of 2016 is closed. However, the personal appearance of the petitioners in D.V.C.No.181 of 2015 is dispensed with and they are directed to appear before the trial court, when their presence is required by the learned Judicial Magistrate/Additional Mahil Court, Tiruchirappalli, Tiruchirappalli District.

Sd/- Assistant Registrar(WRIT) /True Copy/ Sub Assistant Registrar CM To 1 The Judicial Magistrate / Additional Mahila Court, Tiruchirappalli, Tiruchirappalli 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.A.Thiruvadikumar Advocate Sr.No. 68465 JAM/14.12.16/DB/2p-4c Crl.O.P.(MD).No.21606 of 2016 and Crl.M.P.(MD).No.11095 of 2016 14.11.2016 https://hcservices.ecourts.gov.in/hcservices/