Madras High CourtCRL OP(MD)/11248/2017partly allowed

Madhusuthanan, v. Kavitha Priyadharshini,

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

CRL.O.P(MD)No.11248 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.11248 of 2017 and CRL.M.P(MD)Nos.7731 & 7732 of 2017

1. Madhusuthanan

2. Naganathan

3. Inbavalli

4. Ilavarasi

...Petitioners / 1st to 4th Respondents

Vs.

Kavithapriyadharshini

...Respondent / Petitioner

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the proceedings in D.V.C.No.04 of 2017, on the file of the learned Judicial Magistrate No.II, Thanjavur and quash the same in respect of the petitioners herein are concerned.

For Petitioners : Mr.J.Anandkumar For Respondents : Mr.N.Balakrishnan

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in D.V.C.No.04 of 2017, on the file of the learned Judicial Magistrate No.II, Thanjavur, insofar as the petitioners are concerned.

2. The first Petitioner is the husband, second Petitioner is the father-in-law, third petitioner is the mother-in-law and fourth petitioner is the sister-in-law of the respondent.

3. It is seen from the records that the petitioners 2 to 4 were living separately and the respondent is living separately and therefore, no domestic violence can be attributed as against the petitioners 2 to 4. The respondent has not made any specific allegations against the petitioners 2 to 4 except for certain general allegations and certain specific averments have been made by the respondent only against the 1st petitioner. Even in the absence of a domestic relationship with the respondent, the petitioners 2 to 4 have been roped in a domestic violence petition. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P(MD)No.11248 of 2017

4. Heard the learned counsel for the Petitioners and the learned counsel appearing for the respondent.

5. In the considered view of this Court, the 1st petitioner has to necessarily face the proceedings before the Court below. Inso-far-as the petitioners 2 to 4 are concerned, the entire proceedings is an abuse of process 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.C.No.4 of 2017, on the file of the learned Judicial Magistrate No.II, Thanjavur is quashed insofar as the 2nd to 4th petitioners are concerned. Insofar as the first Petitioner/husband is concerned, this Petition stands dismissed. It is left open to the respondent to proceed further to prosecute the domestic violence petition as against the husband / 1st petitioner.

7. This Criminal Original Petition is partly allowed and there shall be a direction to the learned Judicial Magistrate No.II, Thanjavur, to dispose of the proceedings in D.V.C.No.4 of 2017, as against the husband/1st petitioner within a period of three months from the date of receipt of copy of this order. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) tsg To

1. The Judicial Magistrate No.II, Thanjavur.

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

+1 CC to M/s.J.ANANDKUMAR, Advocate SR-93199. CRL.O.P(MD)No.11248 of 2017 17.10.2019 CS(31.10.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2