Muruganandham vs. S.Sumathy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

CRL.O.P.No.33173 of 2014 and M.P.Nos.1 and 2 of 2014

• 1. Muruganandham
• 2. Ramasamy Yadhav
• 3. Parvathy ...Petitioners/Respondent

Vs.

S.Sumathy ...Respondent/Complainant

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to D.V.M.C.No.13 of 2014 pending on the file of the Judicial Magistrate, Ariyalur and to quash the same.

For Petitioners : Mr.C.Prabakaran

For Respondent : No Appearance

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in D.V.M.C.No.13 of 2014 initiated by the respondent under the Domestic Violence Act.

2. These petitioners are husband, father-in-law and motherin-law of the respondent.

3.It is seen from the records that the 2 nd and 3 rd petitioners were living separately and the respondent is living with her husband and therefore, no domestic violence can be attributed as against the petitioners. The respondent has not made any specific allegations against the 2 nd and 3 rd petitioners except for certain general allegations and certain specific averments have been made by the respondent only against the 1 st petitioner. Even in the absence of a domestic relationship with the respondent, the 2 nd and 3 rd petitioners have been roped in a domestic violence petition.

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4. Heard the learned counsel for the petitioners and there was no appearance for the respondent.

5. In the considered view of this Court, the 1 st petitioner has to necessarily face the proceedings before the Court below. In-so-far-as the and 2 nd and 3 rd petitioners 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.M.C.No.13 of 2014 on the file of the Judicial Magistrate, Ariyalur is quashed insofar as the present 2 nd and 3 rd petitioners are concerned and the same is dismissed insofar as the 1 st petitioner is concerned. 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, Ariyalur to dispose of the proceedings in D.V.M.C.No.13 of 2014 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.

Sub-Assistant Registrar

s/d- Assistant Registrar

vv/uma To

1. The Chief Judicial Magistrate, Ariyalur

2. The Judicial Magistrate, Ariyalur

True Copy

CRL.O.P.No.33173 of 2014 and M.P.Nos.1 and 2 of 2014

PP(CO) SP(12/07/2019)