Madras High CourtCRL OP(MD)/17897/2017allowed

S. Revathi, W/O. Selvaraj v. M. Kaleeswari,

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

CRL.O.P(MD)No.17897 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.17897 of 2017 and CrL.M.P(MD)Nos.11669 & 11670 of 2017

1. S.Revathi

2. N.Amirtha Jothi ...Petitioners/Respondents 2 & 3 Vs.

1. M.Kaleeswari

2. Minor T.Manoj (Second respondent represented by his mother and natural guardian first respondent herein)

...Respondents/Petitioners

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the D.V.C.No.18 of 2017, on the file of the learned Judicial Magistrate Court No.II, Kovilpatti, Tuticorin District and quash the same insofar as the petitioners herein are concerned. For Petitioners : Mr.G.Marimuthu For Respondents : No appearance

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in D.V.C.No.18 of 2017, on the file of the learned Judicial Magistrate Court No.II, Kovilpatti, Tuticorin District, insofar as the petitioners herein are concerned.

2. The first and second petitioners are the sisters-in-law of the respondent.

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

CRL.O.P(MD)No.17897 of 2017

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.C.No.18 of 2017, on the file of the Judicial Magistrate Court No.II, Kovilpatti, Tuticorin District, 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 Judicial Magistrate Court No.II, Kovilpatti, Tuticorin District, to dispose of the proceedings in D.V.C.No.18 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 () // True Copy // Sub Assistant Registrar(CS) tsg To The Judicial Magistrate No.II, Kovilpatti, Tuticorin District.

+1 CC to M/s.G.M.LAW OFFICE, Advocate SR-92829. CRL.O.P(MD)No.17897 of 2017 17.10.2019 CS(05.11.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2