Madras High CourtCRL OP(MD)/17240/2017partly allowed

Karuppaiah v. M. Dhanalakshmi

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

CRL.O.P(MD)No.17240 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.17240 of 2017 and CrL.M.P(MD)Nos.11296 & 11297 of 2017

1. Karuppaiah

2. Lakshmi

3. Dharmaraj

4. Saravanan

5. Karpagam

6. Jeyapandi

7. Mahalakshmi

8. Kanagaraj

9. Chithiravel

10. Natarajan ... Petitioners/Respondents 2 to 11 Vs.

M.Dhanalakshmi ... Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in connection with the impugned complaint in D.V.A.No.2 of 2017, on the file of the learned Judicial Magistrate No.I, Srivilliputhur and quash the same insofar as the petitioners herein are concerned. For Petitioners : Mr.G.Thalaimutharasu For Respondent : No Appearance

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in D.V.A.No.2 of 2017, on the file of the learned Judicial Magistrate No.I, Srivilliputhur, insofar as the petitioners herein are concerned.

2. The first Petitioner is the father-in-law, second petitioner is the mother-in-law, third, fourth and eighth petitioners are brothers-in-law, fifth and seventh petitioners are sisters-in-law, ninth and tenth petitioners are uncles of the respondent. The sixth petitioner is the husband of the fifth petitioner.

3. It is seen from the records that the petitioners 1 to 10 are living separately and the respondent is living separately and https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P(MD)No.17240 of 2017 therefore, no domestic violence can be attributed as against the petitioners 1 to 10. The respondent has not made any specific allegations against the petitioners 1 to 10, 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 10 have been roped in a Domestic Violence Petition.

4. Heard the learned counsel appearing for the Petitioners.

5. In the considered view of this Court, the petitioners 1 to 10 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.A.No.2 of 2017, on the file of the learned Judicial Magistrate No.I, Srivilliputhur, 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 learned Judicial Magistrate No.I, Srivilliputhur, to dispose of the proceedings in D.V.A.No.02 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 (CO) // True Copy // Sub Assistant Registrar(CS ) To

1. The Judicial Magistrate No.I, Srivilliputhur.

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

+1 CC to Mr.G.THALAIMUTHARASU, Advocate ( SR-93022[F] dated 18/10/2019 ) CRL.O.P(MD)No.17240 of 2017 17.10.2019 tsg MK (04.11.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2