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Madras High CourtCRL OP(MD)/4993/2019dismissed

Saranya, W/O.Saravanan v. Visali @ Ramya, D/O.Ramasamy

2021-02-18Honourable Mrs Justice R. Hemalatha2 pages

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.O.P.(MD)No.4993 of 2019 and CRL.M.P.(MD)No.3130 of 2019 1 SARANYA 2 SARAVANAN ... PETITIONERS / R3 & R4 Vs VISALI @ RAMYA ... RESPONDENT / COMPLAINANT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to quash the proceedings in DVOP.No.5 of 2019 in so far these petitioners concerned on the file of the Principal District Munsif cum Judicial Magistrate Court, Karaikudi.

Prayer in CRL MP(MD). 3130/ 2019 :

To grant an order of stay of all further proceedings pursuant to the case in DVOP.No.5 of 2019 in so far these petitioners concerned on the file of the Principal District Munsif cum Judicial Magistrate Court, Karaikudi pending disposal of the above quash petition.

ORDER: This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.C.JEGANATHAN, Advocate for M/S.VEERA ASSOCIATES for the petitioner, the court made the following order:- Notice to the respondent through Court as well as privately returnable by two weeks.

2.The first petitioner is the sister in law of the respondent herein. The second petitioner is the husband of the first petitioner. One KR.Rajaram is the husband of the respondent herein. The marriage in between them was solemnized on 22.01.2018 at Ariyakudi. After the marriage, the respondent was residing at matrimonial house in Marungur Village and the petitioners herein are residing separately in Thirumayam. Due to matrimonial dispute, the respondent herein has lodged this complaint.

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

4.Since prima facie case has been made out, there shall be an order of interim stay of proceedings in D.V.O.P.No.5 of 2019 on the file of the learned Principal District Munsif cum Judicial Magistrate, Karaikudi, for a period of two weeks, insofar as the petitioners are concerned. Insofar as other accused 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 1 THE PRINCIPAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KARAIKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.

+1. CC to M/S.VEERA ASSOCIATES Advocate SR.No.6602

ORDER

IN CRL.O.P.(MD)No.4993 of 2019 and CRL.M.P.(MD)No.3130 of 2019 Date :10/04/2019 JM/PN/SAR 3/22.04.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/