Kalimuthu.M v. Rajeswari

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).Nos.12155 & 12157 of 2022 1.M.Kalimuthu 2.Rukmani 3.M.Subbiab @ Suresh 4.Kalyani ... Petitioners/Respondents 1 to 3 & 5 Vs.

1.Rajeswari 2.Minor Madhusree 3.Minor Viyaysree 4.Minor Thejasree ... Respondents/Petitioners (Respondents 2 to 4 represented through their mother first respondent) PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records of the impugned DVOP No.10/2022 on the file of Learned Judicial Magistrate, Melur and quash the same as illegal in so far as the petitioners.

For Petitioner : Mr.M.Balakrishnan 1/4

O R D E R This petition has been filed to quash the impugned proceedings in DVOP No.10/2022 on the file of Learned Judicial Magistrate, Melur, as illegal in so far as the petitioners.

2.This criminal original petition has been filed against the proceedings, which was initiated by the respondent under various provisions of the Protection of Woman from Domestic Violence Act. The learned counsel for the petitioners would submit that now in view of the Full Bench judgment of this Court in the case of Arul Daniel Vs. Suganya reported in (2022) 4 MLJ (Cri.) 561 liberty may be granted. 3.Accordingly, liberty may be granted to the petitioners to workout his remedy through appropriate proceedings. With the above liberty this petition stands disposed of. Consequently, connected miscellaneous petitions are closed.

28.03.2023 Index : Yes/No Internet : Yes/No TM 2/4

To 1.The Judicial Magistrate, Melur.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

TM 28.03.2023 4/4