Madras High CourtCRL OP(MD)/6775/2016partly allowed

Rajesh Kumar v. Rajeswari

2019-12-17Honourable Mr Justice G.R.Swaminathan2 pages

Crl OP(MD)No.6775 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2019 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl OP(MD)No.6775 of 2016 and Crl MP(MD)Nos.3410 & 3411 of 2016 1.Rajesh Kumar 2.Chellappan 3.Chella Thangam 4.Jose 5.Babu 6.Vanaja 7.John Babu ... Petitioners/Respondents Vs.

1.Rajeswari 2.Sanju(minor) ... Respondents/Petitioners (Minor rep.through the first respondent, his mother Rajeswari) Prayer : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to M.C No.4 of 2015 on the file of the Judicial Magistrate Court, Padmanabhapuram and quash the same as illegal. For Petitioners : Mr.V.M.Balamohan Thambi For Respondents : Mr.R.Murugan

ORDER

This Original Petition has been filed for quashing the impugned proceedings instituted by the respondents herein under the provisions of the Protection Women from Domestic Violence Act, 2005. The first petitioner is the husband. The third petitioner is the mother in law. The learned counsel for the petitioners states that he is not pressing this petition as far as they are concerned. Hence, this Original Petition is dismissed as far as the petitioners 1 and 3 are concerned.

2.The petitioners 4 to 7 are not part of the shared household. Therefore, this petition is clearly not maintainable against the petitioners 4 to 7 herein. The second petitioner is the father in law of the first respondent. No offence is made out against him. The second petitioner is aged about 78 years. I am, therefore, of the view that the continuance of the impugned prosecution would be https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl OP(MD)No.6775 of 2016 an abuse of legal process. Therefore, the impugned prosecution stands quashed in respect of petitioners 2 and 4 to 7 herein. 3.This criminal original petition stands partly allowed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (records) // True Copy // / /2020 Sub Assistant Registrar(CS ) Skm To The Judicial Magistrate , Padmanabhapuram, Kanyakumari District +1 CC to M/s.R.MURUGAN, Advocate ( SR-105654[F] dated 18/12/2019 ) Crl OP(MD)No.6775 of 2016 and Crl MP(MD)Nos.3410 & 3411 of 2016 17.12.2019 MK (08.06.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2