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Madras High CourtCRL OP(MD)/2703/2017allowed

C.K.Mahendran, v. M.Elakkiya,

2019-09-06Honourable Mr Justice N. Anand Venkatesh2 pages

Crl.O.P.No.2703 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06.09.2019

CORAM:

THE HON'BLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.2703 of 2017 and Crl.M.P(MD)Nos.2060 and 2061 of 2017 1.C.K.Mahendran 2.C.K.Selvi 3.V.China Kalimuthu 4.C.K.Ravikumar ... Petitioners Vs.

M.Elakkiya

...Respondent

Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records in D.V.C.No.2 of 2017 on the file of the Judicial Magistrate, Bodinaickkanur filed by the respondent under Section 12 of Protection of Women from Domestic Violence Act, 2005 and quash the same insofar as the petitioners alone. For Petitioners : Mr.C.D.Johnson For Respondent : Mr.K.Guhan

O R D E R

This petition has been filed seeking to quash the Domestic Violence Proceedings initiated by the respondent against the petitioners.

2. The first petitioner is the husband and the petitioners 2 to 4 are the in laws of the respondent.

3. The learned counsel for the petitio/ners submitted that divorce proceedings were initiated and the marriage itself has been dissolved by the judgment and decree passed by the SubCourt, Dindigul on 05.02.2019 in H.M.O.P.No.164 of 2017. 4.The learned counsel appearing on behalf of the respondent submitted that he has no instructions from the respondent and he was not able to get in touch with the respondent. 5.Taking into consideration the subsequent development that has taken place, wherein the marriage itself has been dissolved by a https://hcservices.ecourts.gov.in/hcservices/

Crl.O.P.No.2703 of 2017 competent Court, no useful purpose will be served by keeping this matter pending.

6.In the result, the proceedings in D.V.C.No.2 of 2017 on the file of the learned Judicial Magistrate, Bodinaickkanur, is hereby quashed and accordingly, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar To 1.The Judicial Magistrate, Bodinaickkanur.

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

Crl.O.P.No.2703 of 2017 and Crl.M.P(MD)Nos.2060 and 2061 of 2017 06.09.2019 VSD MS/01.10.2019/2P.3C https://hcservices.ecourts.gov.in/hcservices/