Venkadasamy v. Vijaya@ Vijayalakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.4977 of 2019 AND CRL MP(MD). 3108/ 2019 1 VENKADASAMY 2 PARVATHI 3 GOPAL ... PETITIONERS / ACCUSED NO.2 TO 4 Vs 1 VIJAYA@ VIJAYALAKSHMI 2 VEERA VASIHNAVI REB.BY HER MOTHER AS NATURAL GUARDIAN AND NEXT FRIEND TO THE 2nd RESPONDENT MINOR ... RESPONDENTS / COMPLAINANTS Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to call for the proceedings in connection with D.V.C.No.1 of 2017 on the file of the Learned Judicial Magistrate, Aruppukottai, Virudhunagar District and quash the same.

Prayer in CRL MP(MD). 3108/ 2019 :

To stay all further and other proceedings in connection with D.V.C.No.1 of 2017 on the file of the Learned Judicial Magistrate, Aruppukkottai, Virudhunagar District pending disposal of the above quash petition.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR.B.JEYAKUMAR, Advocate for the petitioners, the court made the following order:- Notice to the respondents through Court as well as privately returnable by two weeks.

2.The petitioners are the father-in-law, mother-in-law and brother-in-law of the first respondent herein respectively. The second respondent is the daughter of the first respondent herein. The marriage in between one Balamurugan and the first respondent was solemnized on 08.02.2007. Thereafter, they blessed with one female child / second respondent herein. After that, there is no https://hcservices.ecourts.gov.in/hcservices/

compatibility in between them. Hence, the first respondent / defacto complainant has filed H.M.O.P.No.170 of 2016 and they got divorce.

3.The learned counsel appearing for the petitioners would submit that without any allegation against these petitioners, they are unnecessarily implicated in this case and after getting divorce, they are living separately.

4.Since prima facie case has been made out, there shall be an order of interim stay of proceedings in D.V.C.No.1 of 2017 on the file of the learned Judicial Magistrate, Aruppukottai, Virudhunagar District for a period of two weeks, insofar as the petitioners are concerned. Insofar as other persons, the trial Court may proceed with the case.

5.Post the matter after two weeks.

sd/- 10/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDICIAL MAGISTRATE, ARUPPUKKOTTAI, VIRUDHUNAGAR DISTRICT.

THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

+1. CC to Mr. B. JEYAKUMAR Advocate SR.No.6541 PS/JC/SAR-2/22.04.2019/2P/4C

ORDER

IN CRL OP(MD) No.4977 of 2019 AND CRL MP(MD). 3108/ 2019 Date :10/04/2019 https://hcservices.ecourts.gov.in/hcservices/