Madras High CourtCRL OP(MD)/11399/2017allowed

Anuncia v. Gijigoldy

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

CRL.O.P(MD)No.11399 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.11399 of 2017 and CrL.M.P(MD)Nos.7830 & 7831 of 2017

1. Anuncia

2. Jerry V.Nixon

3. Priya

4. Arul Jeyananth

...Petitioners/Respondents 2to 4

Vs.

Gijigoldy

...Respondent/Petitioner

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the D.V.O.P.No.03 of 2017, on the file of the learned Judicial Magistrate Court No.II, Nagercoil and quash the same insofar as the petitioners herein are concerned.

For Petitioners : Mr.S.C.Herold Singh For Respondent : Mr.R.M.G.Govardhanan

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in D.V.O.P.No.03 of 2017, on the file of the Judicial Magistrate Court No.II, Nagercoil, insofar as the petitioners herein are concerned.

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

3. It is seen from the records that the petitioners 1 to 4 are living separately and the respondent is living separately and therefore, no domestic violence can be attributed as against the petitioners 1 to 4. The respondent has not made any specific allegations against the petitioners 1 to 4, 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 4 have been roped in a Domestic Violence Petition. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P(MD)No.11399 of 2017

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

5. In the considered view of this Court, the petitioners 1 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.O.P.No.03 of 2017, on the file of the Judicial Magistrate Court No.II, Nagercoil, 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 other respondents.

7. This Criminal Original Petition is allowed and there shall be a direction to the learned Judicial Magistrate No.II, Nagercoil, to dispose of the proceedings in D.V.O.P.No.03 of 2017, as against the other respondents, 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 (CO) // True Copy // Sub Assistant Registrar(CS) To

1. The Judicial Magistrate No.II, Nagercoil.

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

CRL.O.P(MD)No.11399 of 2017 17.10.2019 KM/(07.11.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2