R.Karthik v. T.Karthika

Crl.O.P.(MD)No.17617 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRL OP(MD). No.17617 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 1.R.Karthik 2.C.Rajendran 3.R.Rahini ... Petitioners -VsT.Karthika ... Respondent Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records relating in M.C.No.90 of 2015, on the file of the Additional Mahila Court, Tiruchirappalli and to quash the same.

For Petitioners : Mr.A.Anandan For Respondent : No appearance

O R D E R

The petitioners are shown as respondents in M.C.No.90 of 2015, on the file of the learned Additional Mahila Court, Tiruchirappalli . The same was filed by the respondent under the provision of Protection of Women from Domestic Violence, 2005. To quash the same, this criminal original petition has been filed. 2.The learned counsel appearing for the petitioners reiterated all the contentions set out in the memorandum of grounds, but they are factual in nature. On those grounds, it is not possible to invoke the inherent powers of this Court to quash the impugned proceedings. Leaving open all the contentions and defences of the petitioners, this criminal original petition stands dismissed.

3.The personal appearance of the petitioners are dispensed with before the Court below. However, the Court below will insist on the personal appearance of the petitioners only on three occasions namely, to answer the charge, to examination under Section 313 of Cr.P.C., and at the time of pronouncing Judgment. On all other occasions, the petitioners need not appear before the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.17617 of 2015 Court below. However, on those occasions, the petitioners will have to be represented by their counsel. If the petitioners' counsel is also absent, the benefit of dispensing the personal appearance of the petitioners will stand automatically vacated. It is made clear that this Court has not pronounced anything on the merits of the matter. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(AE) // True Copy // / /2020 Sub Assistant Registrar(CS) ias To:

The Additional Mahila Court, Tiruchirappalli.

+1 CC to M/s.A.ANANDAN, Advocate ( SR-103509[F] dated 05/12/2019 ) Crl.O.P.(MD)No.17617 of 2015 04.12.2019 VR(CO) TR(16.03.2020)2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2