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Madras High CourtCRL OP(MD)/5843/2013partly allowed

Ramalingam v. Rajeswari

2018-04-25Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.5843 of 2013 and M.P.(MD)No.1 of 2013 1.Ramalingam 2.Thayumanavan 3.Chandrasekaran 4.Sornambal 5.Thilagavathi ... Petitioners Vs.

Rajeswari ... Respondent Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to D.V.C.No.52 of 2012, pending on the file of the Judicial Magistrate Court No.II, Thanjavur and quash the proceedings as against the petitioners herein.

For Petitioners : Mr.M.Karunanithi For Respondent : Mr.J.Anandkumar

ORDER

The petitioners have filed this Criminal Original Petition for quashing the proceedings in D.V.C.No.52 of 2012 on the file of the Judicial Magistrate Court No.II, Thanjavur. 2.The respondent is the wife of the first petitioner herein.

3.This Court went through the materials on record. It is seen that there is a prima facie case made out against the petitioners 1, 3 and 4, who are the husband and parents-in-law of the respondent. But, as regards the second petitioner, who is the elder brother and the fifth petitioner, who is elder sister, this Court is of the view that they have been falsely roped in. https://hcservices.ecourts.gov.in/hcservices/ 4.In this view of the matter, the impugned proceedings shall stand quashed insofar as the petitioners 2 and 5 are

concerned. The proceedings shall go on against the petitioners 1, 3 and 4. This Criminal Original Petition is partly allowed accordingly. Consequently, connected Miscellaneous Petition is closed.

Sd/ Assistant Registrar (Crl side) /True copy/ Sub Assistant Registrar To The Judicial Magistrate No.II, Thanjavur.

+1cc to Mr.K.KARUNANITHI, Advocate, SR.No.64046 Crl.O.P.(MD)No.5843 of 2013 25.04.2018 SMN2 KK/KKR/SAR-2/21.05.2018/2P-3C https://hcservices.ecourts.gov.in/hcservices/