Thirumalaichamy v. Mala

CRL OP(MD). No.5438 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRL OP(MD). No.5438 of 2015 and MP(MD)Nos.1 and 2 of 2015 1.Thirumalaichamy 2.Muthumeenatchi 3.Balasubramanian 4.Vijayaponnammal 5.Sankaravadivu ... Petitioners/Respondents No.2 to 6 Vs 1.Mala 2.Varshini ... Respondents/Complaint Prayer:Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records in M.C.No.2 of 2015, on the file of the learned Judicial Magistrate No.I, Tuticorin and quash the same. For Petitioners : No Appearance For Respondents : Mr.A.Thiruvadikumar

ORDER

The marriage between the first respondent herein, namely, Mala and one Petchimuthu, took place on 18.01.2013. A girl child was born through the said wedlock. The relationship between the parties came under strain. Therefore, seeking relief under the provisions of the Protection of Women from Domestic Violence Act, 2002, the respondents filed M.C.No.2 of the 2015, before the learned Judicial Magistrate No.I, Tuticorin. To quash the same, this Criminal Original Petition has been filed.

2.None appears for the petitioners.

3.I went through the contents of the memorandum of grounds. None of them are sufficient to invoke the inherent powers of this Court to quash the impugned proceedings. The petitioners will have to necessarily establish their defence before the learned Judicial Magistrate, Tuticorin. In this view of the matter, this Criminal Original Petition stands dismissed. It is made clear that this Court has not gone into the merits of the matter. It is seen that the case is of the year 2015. Therefore, the learned Judicial https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.5438 of 2015 Magistrate, Tuticorin, is directed to conclude the proceedings and merits and in accordance with law within a period of six months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS) sji To The Judicial Magistrate No.I, Tuticorin.

+1 CC to MR.A.THIRUVADI KUMAR, Advocate ( SR-91668[F] dated 09/10/2019 ) Crl.O.P(MD). No.5438 of 2015 04.10.2019 KM/(18.12.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2