Madras High CourtCRL OP(MD)/10288/2017allowed

Amutha v. M.Dharani

2019-10-17Honourable Mr Justice N. Anand Venkatesh2 pages

CRL.O.P(MD)No.10288 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P(MD)No.10288 of 2017 and CrL.M.P(MD)Nos.7026 & 7027 of 2017

1. Amutha

2. T.Baskaran ... Petitioners/Respondents Vs.

M.Dharani ... Respondent/De facto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records of the proceedings in D.V.O.P.No.07 of 2017, on the file of the learned Judicial Magistrate, Dindigul-1 and quash the same as against these petitioners are concerned.

For Petitioners : Mr.A.Arul Jenifer For Respondent : No Appearance

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in D.V.O.P.No.7 of 2017, on the file of the learned Judicial Magistrate, Dindigul, insofar as the petitioners herein are concerned.

2. The first Petitioner is the mother-in-law and the second petitioner is the father-in-law of the respondent.

3. It is seen from the records that the petitioners 1 and 2 were living separately and the respondent is living separately and therefore, no domestic violence can be attributed as against the petitioners 1 and 2. The respondent has not made any specific allegations against the petitioners 1 and 2, except for certain general allegations and certain specific averments have been made by the respondent only against her husband. Even in the absence of a domestic relationship with the respondent, the petitioners 1 and 2 have been roped in a Domestic Violence Petition.

4. Heard the learned counsel appearing for the Petitioners.

5. In the considered view of this Court, the petitioners 1 and 2 are concerned, the entire proceedings is an abuse of process https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P(MD)No.10288 of 2017 of Court and the same requires interference of this Court in exercise of its jurisdiction under Section 482 of Cr.P.C.

6. In the result, the proceedings in D.V.O.P.No.7 of 2017, on the file of the Judicial Magistrate, Dindigul, is quashed insofar as the petitioners are concerned. It is left open to the respondent herein to proceed further to prosecute the Domestic Violence Petition as against the husband is concerned.

7. This Criminal Original Petition is allowed and there shall be a direction to the Judicial Magistrate, Dindigul, to dispose of the proceedings in D.V.O.P.No.07 of 2017, as against the husband, within a period of three months from the date of receipt of copy of this order. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) tsg To

1. The Judicial Magistrate, Dindigul-1.

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

CRL.O.P(MD)No.10288 of 2017 and CrL.M.P(MD)Nos.7026 & 7027 of 2017 17.10.2019 CS(08.11.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2