Madras High CourtCRL OP(MD)/22562/2016dismissed

Manikanthan v. Sheelarani

2016-11-29Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.22562 of 2016 and Crl.M.P.(MD) Nos. 11785& 11786 of 2016

1. Manikanthan

2. Dhanalakshmi .. Petitioners/Respondent Nos. 1 & 2 Vs.

Sheelarani .. Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for records pertaining to the D.V.C.NO.6 of 2016 pending on the file of the learned II-Additional District Munsif-cum-Judicial Magistrate, Kumbakonam and quash the proceedings as against the petitioners herein. For Petitioners : Mr. D. Rameshkumar

ORDER

This petition has been filed to call for records pertaining to D.V.C.NO.6 of 2016 pending on the file of the learned IIAdditional District Munsif-cum-Judicial Magistrate, Kumbakonam, and quash the proceedings as against the petitioners herein.

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

3.Mr.D.Rameshkumar, learned counsel for the petitioners would submit that the petitioners have been falsely roped in this case. Since the complaint is motivated it is liable to be quashed.

4. Considering the fact that the case has been registered under the Domestic Violence Act and there are prima facie materials are available against the petitioners, this Court is not inclined to quash the proceedings Hence, the criminal original petition is dismissed. Consequently, connected Crl.M.P(MD) No.11785 & 11786 of 2016 are closed. However, the personal appearance of the second petitioner/mother-in-law of the defacto complainant in D.V.C.NO.6 of 2016 pending on the file of the https://hcservices.ecourts.gov.in/hcservices/

learned II-Additional District Munsif-cum-Judicial Magistrate, Kumbakonam is dispensed with and she is directed to appear before the trial court, when her presence is required by the said Court. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar CM To, The II-Additional District Munsif-cum-Judicial Magistrate, Kumbakonam.

+1CC to Mr.D.Ramesh kumar, Advocate Sr.No.73826 GJM/SS2/KSM/12.1.17-2p-3C Crl.O.P.(MD).No.22562 of 2016 and Crl. M.P.(MD) No.11785& 11786 of 2016 29.11.2016 https://hcservices.ecourts.gov.in/hcservices/