Arputhamani v. Julia Vincy
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2025
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN and Crl.M.P.(MD) Nos.12780 and 12781 of 2025 1.Arputhamani 2.Sengol Mary ... Petitioners/A2 & A3 Vs.
Julia Vincy ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Code of Criminal Procedure, 1973/Section 528 of Bharathiya Nagarik Suraksha Sanhita, 2023, to call for the records in Proceedings in D.V.C.No.5 of 2025 on the file of the learned Judicial Magistrate, Sathankulam, in respect of the petitioners and quash the same. For Petitioners : Mr.R.Ponkarthikeyan For Respondent : M/s.MA.Rex *****
O R D E R
This Criminal Original Petition has been filed to quash the Proceedings in D.V.C.No.5 of 2025 on the file of the learned Judicial Magistrate, Sathankulam, in respect of the petitioners, filed by the second Page No. 1 of 5
respondent under Sections 20, 22 and 23(2) of the Protection of Women from Domestic Violence Act, 2005.
2.The gist of allegations in the impugned proceedings is that the respondent and her husband, who is the son of the 1st petitioner herein got married on 21.01.2024; that at the time of marriage, the respondent had given Rs.3 Lakhs as dowry to her husband for purchasing gold thali, saree and for marriage expenses and several sreethana articles were gifted; that after the marriage, the husband had been causing harassment to the respondent; that her husband informed the respondent that she has to abide by his mother's conditions; that thereafter, there are several instances of harassment by the respondent by her husband. 3.The learned counsel appearing for the petitioners would submit that the petitioners are the mother-in-law and sister-in-law of the husband of the respondent herein.
He would further submit that the allegations in the domestic violence proceedings are primarily as against the husband; that the matrimonial differences between the husband and the respondent are sought to be projected as a case of domestic violence as against the petitioners; that the relief is also primarily sought for as against the Page No.
husband and therefore, the impugned proceedings may be quashed. 4.The learned counsel for the respondent however, would submit that the relief is sought for against the petitioners herein as they are liable to pay compensation for the violence suffered by the respondent in the matrimonial home and would pray that the point raised by the petitioners cannot be agitated in the quash petition and sought for dismissal. 5.As stated above, the allegations are primarily against the respondent's husband. The respondent is aggrieved by the fact that her husband has filed divorce petition with false allegations. She had also stated that she is still ready to live with her husband in a separate home in Tirunelveli, which suggests that there are chances of reconciliation. 6.
Considering all the above facts, this Court is of the view that the proceedings against the petitioners is an abuse of process of law as there is nothing to suggest that they had committed domestic violence as against the respondent. Hence, the impugned proceedings insofar as the petitioners alone is quashed. The learned Magistrate may proceed with the complaint as against the respondent's husband in accordance with law Page No.
without being influenced by any of the observations made by this Court in this order and shall complete the proceedings as expeditiously as possible. 7.Accordingly, this Criminal Original Petition stands allowed. Consequently, the connected Criminal Miscellaneous Petitions are closed. 30.10.2025 vsg Index: Yes/ No Speaking Order/Non-Speaking Order Copy To:
The learned Judicial Magistrate, Sathankulam Page No. 4 of 5
SUNDER MOHAN , J.
vsg and Crl.M.P.(MD) Nos.12780 and 12781 of 2025 30.10.2025 Page No. 5 of 5