R.Rajee, v. Darathi Mariyal,

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.12958 of 2017 and CRL.M.P(MD)Nos.8833 & 8834 of 2017

1. R.Rajee

2. Ramalinga Ayya

3. Saral

...Petitioners / Respondents

Vs.

Darathi Mariyal

...Respondent / Petitioner

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the above complaint in D.V.C.No.113 of 2016, on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai and quash the same.

For Petitioners : Mr.R.Sathiyamoorthy For Respondent : No Appearance

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in D.V.C.No.113 of 2016, on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai.

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

3. It is seen from the records that the petitioners 2 and 3 are living separately and the respondent is living separately and therefore, no domestic violence can be attributed as against the petitioners 2 and 3. The respondent has not made any specific allegations against the petitioners 2 and 3 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 and 3 have been roped in a domestic violence petition.

4. Heard the learned counsel for the Petitioners.

5. In the considered view of this Court, the 1st petitioner has to necessarily face the proceedings before the Court below. In-so-far-as the petitioners 2 and 3 are concerned, the entire proceedings is an abuse of process of Court and the same requires https://hcservices.ecourts.gov.in/hcservices/

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.113 of 2016, on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai, is quashed insofar as the 2nd and 3rd 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, Additional Mahila Court, Madurai, to dispose of the proceedings in D.V.C.No.113 of 2016, 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(CS-III) // True Copy // Sub Assistant Registrar(CS) tsg To

1. The Judicial Magistrate, Additional Mahila Court Madurai.

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

+1CC TO MR.N.MOHAMED ASIF, Advocate Sr. No. 93079 CRL.O.P(MD)No.12958 of 2017 17.10.2019 AVN(CO) TR(04.11.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/