Vinayagamoorthi v. Sivasundari

CRL.O.P(MD)No.13187 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.13187 of 2017 and CrL.M.P(MD)Nos.8898 & 8899 of 2017

1. Vinayagamoorthi

2. Kasthuri

...Petitioners/Accused Nos.3 & 4

Vs.

Sivasundari

...Respondent/Complainant

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the complaint in D.V.O.P.No.35 of 2017, on the file of the learned learned Judicial Magistrate, Additional Mahila Court, Trichy and quash the same, insofar as the petitioners herein are concerned. For Petitioners : Mr.M.Subash Babu For Respondent : Mr.A.Ramesh

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in D.V.O.P.No.35 of 2017, on the file of the learned Judicial Magistrate, Additional Mahila Court, Trichy, insofar as the petitioners herein are concerned.

2. The first Petitioner is the brother-in-law of the respondent and second petitioner is the wife of the first petitioner.

3. It is seen from the records that the petitioners 1 and 2 are 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 for the Petitioners as well https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P(MD)No.13187 of 2017 as the learned counsel for the respondent.

5. In the considered view of this Court, the petitioners 1 and 2 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.35 of 2017, on the file of the learned Judicial Magistrate, Additional Mahila Court, Trichy, 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, Additional Mahila Court, Trichy, to dispose of the proceedings in D.V.O.P.No.35 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 (CS-II) // True Copy // Sub Assistant Registrar(CS) tsg To The Judicial Magistrate, Additional Mahila Court, Trichy.

+1 CC to M/s.M.SUBASH BABU, Advocate ( SR-92993[F] dated 18/10/2019 ) CRL.O.P(MD)No.13187 of 2017 17.10.2019 KM/(04.11.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2