Madras High CourtCRL OP(MD)/20668/2014allowed

Vasantha v. M.Chandramathi

2019-09-17Honourable Mr Justice G.R.Swaminathan2 pages

Crl OP(MD)No.20668 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.09.2019 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl OP(MD)No.20668 of 2014 and MP(MD)No.1 of 2014 Vasantha ... Petitioner / 5th Respondent Vs.

M.Chandramathi ... Respondent / Complainant Prayer : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the impugned proceedings in M.C No.89 of 2014 on the file of the Additional Mahila Court, Madurai and to quash the same as far as the petitioner is concerned.

For Petitioner : Mr.M.R.Sreenivasan For Respondent : No appearance

ORDER

The petitioner herein wants this Court to quash the impugned proceedings in M.C No.89 of 2014 on the file of the Additional Mahila Court, Madurai as far as she is concerned. Though the respondent has been served and she has entered appearance through counsel, today there is no representation on her behalf. 2.It is seen from the materials on record that the respondent Chandramathi got married to one Meenakshi Sundaram on 17.11.1989. The allegation of the respondent is that her husband developed illicit intimacy with someone. As a result of which, she was subjected to untold cruelty. Hence, she filed M.C No.89 of 2014 seeking certain reliefs.

3.The petitioner herein is only the sister in law of the respondent herein. The petitioner is aged about 65 years. She got married and went out of the family way back in the year 1980 itself. The petitioner is the elder sister of the respondent's husband. Arraying the petitioner as a party to the proceedings in question is https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl OP(MD)No.20668 of 2014 an abuse of legal process. The petitioner herein got married much prior to the marriage that took place between the complainant and her husband. There is absolutely no justification in including the petitioner herein. The impugned proceedings stand quashed as far as the petitioner is concerned.

4.The criminal original petition stands allowed. Consequently, connected miscellaneous petition stands closed. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) To The Judge, The Additional Mahila Court, Madurai.

+1 CC to M/s.M.R.SREENIVASAN, Advocate ( SR-87384[F] 18/09/2019 ) Crl OP(MD)No.20668 of 2014 and MP(MD)No.1 of 2014 17.09.2019 Skm SDS (11.12.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2