Madras High CourtCRL OP(MD)/11261/2017allowed

K.S.K.Mohammed Masuthu, v. R.Meeral @ Jasmine,

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

CRL.O.P(MD)No.11261 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.11261 of 2017 and CrL.M.P(MD)Nos.7743 & 7744 of 2017

1. K.S.K.Mohammed Masuthu

2. M.Seyathu

3. J.Rasul Nisha ... Petitioners/Respondents 2 to 4 Vs.

R.Meeral @ Jasmine ... Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records and to quash the petition in D.V.No.1 of 2017, on the file of the Judicial Magistrate Court, Sengottai, as against these petitioners. For Petitioners : Mr.R.Sadagoban Rengasamy For Respondent : Mr.K.Veilmuthu

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in D.V.No.1 of 2017, on the file of the Judicial Magistrate Court, Sengottai, insofar as the petitioners herein are concerned.

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

3. It is seen from the records that the petitioners 1 to 3 arre living separately and the respondent is living separately and therefore, no domestic violence can be attributed as against the petitioners 1 to 3. The respondent has not made any specific allegations against the petitioners 1 to 3, 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 to 3 have been roped in a Domestic Violence Petition.

4. Heard the learned counsel for the Petitioners as well as the learned counsel for the respondent.

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CRL.O.P(MD)No.11261 of 2017

5. In the considered view of this Court, the petitioners 1 to 3 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.No.1 of 2017, on the file of the Judicial Magistrate Court, Sengottai, 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 her husband.

7. This Criminal Original Petition is allowed and there shall be a direction to the Judicial Magistrate Court, Sengottai, to dispose of the proceedings in D.V.No.01 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 (AD-I) // True Copy // Sub Assistant Registrar(CS ) To

1. The Judicial Magistrate, Sengottai.

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

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