Mr.Titus v. K.Suja

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.5957 of 2017 and CRL.M.P(MD)Nos.4031 and 4032 of 2017 1.Titus 2.Emily 3.Jhonsy 4.Sundaresan

...Petitioners/Respondents

Vs.

K.Suja

...Respondent/Petitioner

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the criminal proceedings pending on the file of Judicial Magistrate, Padmanabhapuram in D.V.C.No.5 of 2017 and quash the same. For Petitioners : Mr.N.Dilip Kumar For Respondent : Mr.G.Aravindan

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in D.V.C.No.5 of 2017 initiated by the respondent under the Domestic Violence Act.

2. The first Petitioner is the husband, second Petitioner is the mother in law, third Petitioner is the sister in law and fourth Petitioner is the husband of the sister in law.

3. It is seen from the records that the petitioners 2 to 4 were living separately and the respondent is living with her husband /1st petitioner and therefore, no domestic violence can be attributed as against the petitioners 2 to 4. The respondent has not made any specific allegations against the petitioners 2 to 4 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 to 4 have been roped in a domestic violence petition.

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

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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 to 4 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.5 of 2017 on the file of the learned Judicial Magistrate, Padmanabhapuram, is quashed insofar as the 2nd to 4th h 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 husband / 1st petitioner.

7. This Criminal Original Petition is partly allowed and there shall be a direction to the Judicial Magistrate, Padmanabhapuram to dispose of the proceedings in D.V.C.No.5 of 2017 as against the husband/1st petitioner 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) vsn To The Judicial Magistrate, Padmanabhapuram.

+1 CC to Mr.G.ARAVINTHAN, Advocate ( SR-92776[F] dated 18/10/2019 ) +1 CC to Mr.N.DILIP KUMAR, Advocate ( SR-93405[F] dated 21/10/2019 ) CRL.O.P(MD)No.5957 of 2017 and CRL.M.P(MD)Nos.4031 and 17.10.2019 VB(05.11.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/