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Madras High CourtCRL OP(MD)/15788/2017partly allowed

Velmurugan v. Tamilarasi

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

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.15788 of 2017 and CRL.M.P(MD)Nos.10491 & 10492 of 2017

1. Velmurugan @ Gopalakrishnan

2. Pichaiyammal

3. Palaniyappan

...Petitioners / Respondent Nos.1,

3 & 4 Vs.

Tamilarasi

...Respondent / Petitioner

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the complaint in D.V.P.No.14 of 2017, on the file of the learned Judicial Magistrate No.I, Kulithalai, Karur District and quash the same insofar as the petitioners herein are concerned. For Petitioners : Mr.P.Ganapathi Subramanian For Respondent : Mr.V.Kannan

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in D.V.P.No.14 of 2017, on the file of the learned Judicial Magistrate No.I, Kulithalai, Karur District.

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

3. It is seen from the records that the petitioners 2 and 3 are living separately and the respondents are 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 and the learned counsel appearing for the respondent. https://hcservices.ecourts.gov.in/hcservices/

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 and 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.P.No.14 of 2017, on the file of the learned Judicial Magistrate No.I, Kulithalai, Karur District, 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 other respondents.

7. This Criminal Original Petition is partly allowed and there shall be a direction to the learned Judicial Magistrate No.I, Kulithalai, Karur District, to dispose of the proceedings in D.V.P.No.14 of 2017, as against the other respondents 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 The Judicial Magistrate No.I, Kulithalai, Karur District.

+1 CC to Mr.P.GANAPATHI SUBRAMANIAN, Advocate ( SR-92706[F] dated 17/10/2019 ) CRL.O.P(MD)No.15788 of 2017 17.10.2019 VB(05.11.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/