M.Gomathi v. A.Josebeen

CRL.O.P(MD)No.4582 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P(MD)No.4582 of 2017 and CrL.M.P(MD)Nos.3272 & 3273 of 2017 1.M.Gomathi 2.M.Vijaya ... Petitioners/Respondents 2 & 3 Vs.

A.Josebeen ... Respondent/ Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to D.V.C.No.5 of 2017, on the file of Judicial Magistrate cum Additional Mahila Court, Tiruchirappalli and quash the same as far as the petitioners are concerned.

For Petitioners : Mr.L.Shaji Chellan For Respondent : No Appearanace

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in D.V.C.No.5 of 2017, on the file of the learned Judicial Magistrate-cum-Additional Mahila Court, Tiruchirappalli, initiated by the respondent under the Domestic Violence Act.

2. The petitioners are sister-in-law of the respondent. It is seen from the records that the petitioners were 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.

3. Heard the learned counsel for the Petitioners as well as the learned counsel for the respondent.

4. 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. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P(MD)No.4582 of 2017

5. In the result, the proceedings in D.V.C.No.5 of 2017, on the file of the learned Judicial Magistrate cum Additional Mahila Court, Tiruchirappalli, is quashed insofar as the petitioners are concerned. Insofar as the husband is concerned, it is left open to the respondent to proceed further to prosecute the domestic violence petition as against the husband.

6. This Criminal Original Petition is allowed and there shall be a direction to the Judicial Magistrate cum Additional Mahila Court, Tiruchirappalli to dispose of the proceedings in D.V.C No.5 of 2017 as against the husband, 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 (AD-II) // True Copy // Sub Assistant Registrar(CS) To The Judicial Magistrate cum Additional Mahila Court, Tiruchirappalli MPK CRL.O.P(MD)No.4582 of 2017 08.11.2019 sma(26.11.2019) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2