Madras High CourtCRL OP(MD)/12970/2019dismissed

Jothi Ramalingam v. Thilagavathi Alias Dorathi Samathana Thilagavathi

2019-11-05Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :05.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD) No.12970 of 2019 and Crl.M.P(MD) No.7978 of 2019 Jothi Ramalingam .. Petitioner/Respondent Vs.

1. Thilagavthi @ Dorathi Samathana Thilagavathi

2. Sherlin Josephin Prema Kumari .. Respondents/Petitioners Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, call for the entire records and quash the entire proceedings in Cr.M.P No.2584 of 2018 on the file of the Chief Judicial Magistrate, Trichy.

For Petitioner : Mr.T.Senthil Kumar For Respondents : Mr.:R.Balakrishnan

O R D E R

This petition has been filed to quash the entire proceedings in Cr.M.P No.2584 of 2018 on the file of the Chief Judicial Magistrate, Trichy.

2. It is seen that the respondent filed maintenance case under Section 125 of Cr.P.C and the same was ordered as Rs.400/- to the first respondent and Rs.200/- to the second respondent by an order dated 13.07.1999. As against which the petitioner preferred revision before the learned Chief Judicial Magistrate, Trichy in Crl.RC.No.103 of 1999 and before revision both the parties have filed compromise memo. Recording the said statement, the revision is dismissed, in view of the compromise entered into between the parties. Thereafter the petitioner was absconded without maintaining the respondents. Therefore the respondent filed revision under Section 128 of Cr.P.C in CRMP No.2584 of 2018 for paying arrears of maintenance and the same was allowed.

3. Today the first respondent appeared before this Court and stated that the petitioner never maintained the respondents even till today. Entire papers were taken by the petitioner and as such the first respondent is not able to file petition in time. Further she stated that now the petitioner is living with another women https://hcservices.ecourts.gov.in/hcservices/

4. Hence this is no illegality or infirmity in the order passed by the Court below. In the result, the petition is devoid of merits and liable to be dismissed.

5. Accordingly the Criminal Original petition stands dismissed. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS) aav To The Chief Judicial Magistrate, Trichy.

+1 CC to Mr.R.BALAKRISHNAN, Advocate (SR-96164[F] dated 05/11/2019 ) Crl.O.P(MD) No.12970 of 2019 and Crl.M.P(MD) No.7978 of 2019 05.11.2019 VB(13.11.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/