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Madras High CourtCRL OP(MD)/23372/2013allowed

Vivekananthan v. Mariammal

2018-04-18Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.23372 of 2013 and M.P.(MD)Nos.1 and 2 of 2013 Vivekananthan ... Petitioner/2nd Respondent Vs.

1.Mariammal 2.Minor Gavaskar 3.Minor Gayathri [Minors 2 and 3 rep. by their mother and Guardian Mariammal] ... Respondents/Petitioners Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Cr.M.P.No.9428 of 2013 on the file of the Judicial Magistrate Court No.II, Virudhunagar and quash the same as against the petitioner herein.

For Petitioner : Mr.R.Ponkarthikeyan For Respondents : No Appearance

ORDER

The respondents herein filed M.C.No.6 of 2007 under the provisions of Protection of Women from Domestic Violence Act. The petitioner herein is shown as second respondent in Cr.M.P.No.1122 of 2008 filed by the respondents herein. Relief was given in favour of the respondents herein only against the first respondent therein viz., Raju @ Sekar in the said M.C. The learned Judicial Magistrate No.II, Virudhunagar, by order dated 28.11.2012, specifically held that no relief can be given against the petitioner viz., Vivekanandan. Even though Cr.M.P.No.1122 of 2008 https://hcservices.ecourts.gov.in/hcservices/ was dismissed as against the petitioner herein, Cr.M.P.No.9428 of 2013 came to be filed against the petitioner also for breach of

the said order. When the primary order itself exonerates the present petitioner herein, the question of committing its breach by the petitioner does not arise. Therefore, the impugned summon is quashed insofar as the petitioner is concerned. This Criminal Original Petition is allowed accordingly. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To The Judicial Magistrate No.II, Virudhunagar.

+ 1 cc TO Mr.R.Ponkarthikeyan , Advocate in SR No. 62064 smn2 AE/JC/SAR1/08.05.2018/2P/3C Crl.O.P.(MD)No.23372 of 2013 and M.P.(MD)Nos.1 and 2 of 2013 18.04.2018 https://hcservices.ecourts.gov.in/hcservices/