Madras High CourtCRL OP(MD)/4442/2016partly allowed

A. Srikanth v. K. Rekha

2020-01-30Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.4442 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.4442 of 2016 and Crl.M.P.(MD)No.2212 of 2016 1.A.Srikanth 2.Anandharaj 3.Mrs.Jothi 5.Mrs.Sujatha 6.Muthukumar ... Petitioners Vs 1.K.Rekha 2.Minor Vaseegaran (Mother represented by its Ist Respondent) ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records in M.C.(DVC) No.19/2015 on the file of the Judicial Magistrate Court, Devakottai and quash the same. For Petitioners : Mr.Haja Mohideen Gisthi For Respondents : No appearance

ORDER

This petition has been filed for quashing the impugned proceedings instituted by the respondents under 12 of the Protection of Woman from the Domestic Violence Act, 2005.

2.When the matter was taken up for hearing, the learned counsel appearing for the petitioners fairly submitted that an exparte order has already been passed by the Court below and that they have filed an application for setting aside the same. He also stated that there is a possibility of settlement. The application filed by the petitioners for setting aside the exparte order is posted to 10.02.2020. The fact remains that as on date, the petitioners have already suffered an exparte order. Therefore, it is not possible to keep this quash petition alive or even adjourn it. Therefore, this quash petition is closed as infructuous. However, liberty is given to the petitioners herein to file miscellaneous petition for restoration of this quash petition to be https://hcservices.ecourts.gov.in/hcservices/

Crl.O.P(MD)No.4442 of 2016 heard on merits, if the application for setting aside the exparte order is allowed by the Court below. Consequently, connected miscellaneous petition is closed.

sd- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar rmi To The Judicial Magistrate, Devakottai.

+1 CC to M/s.A.HAJAMOHIDEEN, Advocate ( SR-4198[F] dated 31/01/2020 ) Crl.O.P(MD)No.4442 of 2016 and Crl.M.P.(MD)No.2212 of 2016 30.01.2020 AP(16.03.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/