Eithirajulu Chuthiri v. P.Sumathi

CRL.O.P(MD)No.9495 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.9495 of 2017 and CrL.M.P(MD)Nos.6482 & 6483 of 2017

1. Ethirajulu Chuthiri

2. Mahalakshmi

3. Anusiya Devi

...Petitioners/Respondents 2 to 4

Vs.

P.Sumathi

...Respondent/Complainant

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the petition in D.V.C.No.13 of 2017, filed under Protection of Women from Domestic Violence Act, 2005, before the learned Judicial Magistrate No.I, Kovilpatti and quash the same as against the petitioners are concerned.

For Petitioners : Mr.S.Ramasamy For Respondent : Mr.R.Anand

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in D.V.C.No.13 of 2017, on the file of the learned Judicial Magistrate No.I, Kovilpatti, as against the petitioners are concerned.

2. The first Petitioner is the father-in-law, second petitioner is the mother-in-law, third petitioner is the sister-inlaw of the respondent.

3. It is seen from the records that the petitioners 1 to 3 were living separately and the respondent is living separately and therefore, no domestic violence can be attributed as against the petitioners 1 to 3. The respondent has not made any specific allegations against the petitioners 1 to 3, 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 3 have been roped in a Domestic Violence Petition. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P(MD)No.9495 of 2017

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

5. In the considered view of this Court, the petitioners 1 to 3 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.13 of 2017, on the file of the learned Judicial Magistrate No.I, Kovilpatti, Thoothukudi 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 No.I, Kovilpatti, Thoothukudi District, to dispose of the proceedings in D.V.C.No.13 of 2017, as against the husband of the respondent herein, 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) tsg To

1. The Judicial Magistrate No.I, Kovilpatti

2. Do thro The Cheif Judicial Magistrate, Tuticorin.

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

CRL.O.P(MD)No.9495 of 2017 and CrL.M.P(MD)Nos.6482 & 6483 of 2017 17.10.2019 VB(06.11.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2