The Madurai Bench of the Madras High Court disposed of a Criminal Original Petition under Section 482 CrPC filed to quash proceedings under the Domestic Violence Act. The court directed the Magistrate to decide if the petitioners are necessary parties before passing orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.04.2014
CORAM:
THE HONOURABLE Mr.JUSTICE G.M.AKBAR ALI
CRL.O.P.(MD)No.5605 of 2014
and
1.P.Ponramu
2.B.Chandra Ponramu
Vs.
Swathi
PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in M.C.No.143 of 2014 on the file of the Additional Mahila Court (Magistrate Cadre), Madurai and quash the same.
For Petitioners : Mr.D.Venkatesh
This petition has been filed praying to quash the proceedings in M.C.No.143 of 2014 on the file of the Additional Mahila Court (Magistrate Cadre), Madurai.
2.When the matter was taken up, the learned counsel for the petitioners submitted that the petitioners are not responsible in a proceedings under the Protection of Women from Domestic Violence Act, however, they are being dragged on to the Court.
3.The only grievance of the petitioners is that they are unnecessarily harassed. The learned Magistrate is the competent authority to decide whether the petitioners are necessary party before him. Therefore, this Criminal Original Petition is disposed of with a direction to the learned Magistrate to decide whether the petitioners are necessary party before him before passing any orders. The appearance of the petitioners is also dispensed with, unless they are so required by the Magistrate, who give specific direction to the petitioners to appear him for enquiry. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar
/True Copy/
Sub Assistant Registrar
2
To
The Additional Mahila Court (Magistrate Cadre), Madurai
+1cc to Mr.D.Venkatesh,Advocate in SR.No. 23409
TS/09.05.2014/2P-3c
CRL.O.P.(MD)No.5605 of 2014
16.04.2014
2 issues framed by the court
Whether the petitioners are necessary parties to the proceedings under the Protection of Women from Domestic Violence Act.
Whether to quash the criminal proceedings initiated against the petitioners.
1 provisions across 1 enactments
P.Ponramu
B.Chandra Ponramu
Swathi
G.M.AKBAR ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
