Allowed

C. Manikandan, v. M. Rani

Madras HC11 Jul 2016CRL OP/9245/2016

Case brief

AI extract

What is this about?

The Court quashed Domestic Violence proceedings instituted by the wife, allowing Criminal Original Petitions filed for quashing. The relief was granted based on a personal affidavit by the wife confirming an amicable settlement and undertaking to live peacefully with the husband.

What did the court decide?

Proceedings in D.V.A. No.9 of 2016 were quashed and both Criminal Original Petitions were allowed.

C. Manikandan, Vs M. Rani — Service and Employment | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 11.07.2016

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CORAM:

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THE HON'BLE MR. JUSTICE P.N. PRAKASH

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Crl.O.P. Nos.9245 and 9246 of 2016

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C. Manikandan Petitioner in Crl.O.P. No.9245 of 2016

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1 Jayalakshmi 2 Karthik @ Karthikeyan 3 Mallika Petitioners in Crl.O.P. No.9246 of 2016 vs. M. Rani Respondent in both the Crl.O.Ps.

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Criminal Original Petitions filed under Section 482 Cr.P.C. to call for the records in D.V.A. No.9 of 2016 on the file of the Judicial Magistrate Court, Tiruvarur and quash the same.

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For petitioner in both the Crl.O.Ps. Mr. K. Shivakumar For respondent in Mr. G. Moses both the Crl.O.Ps. COMMON ORDER

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For the sake of convenience, the parties will be referred to by their name.

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2 While Criminal Original Petition No.9245 of 2016 is filed by Manikandan to call for the records in D.V.A. No.9 of 2016 on the file of the Judicial Magistrate Court, Tiruvarur and quash the same, Crl.O.P. No.9246 of 2016 is filed by his relatives for the very same relief.

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3 Heard both sides.

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4 Manikandan got married to Rani on 18.08.2011 and on account of matrimonial discord, Rani initiated proceedings under the Protection of Women from Domestic Violence Act in D.V.A. No.9 of 2016 before the Judicial Magistrate Court, Tiruvarur,

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https://hcservices.ecourts.gov.in/hcservices/

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agianst Manikandan and his family members. Challenging the same, as aforestated, Crl.O.P. No.9245 of 2016 is filed by Manikandan and Crl.O.P. No.9246 of 2016 is filed by his relatives. While so, the parties have arrived at an amicable settlement.

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5 Today, when the matter was taken up for hearing, Rani is present before this Court and she is represented by her counsel Mr. G. Moses. She has filed an affidavit dated 11.07.2016, wherein, she has stated as under:

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“3. I further submit that after filing of the above quash petitions, there was a compromise talks held between the elders of both the families and on the advice of the elders of both the families, I joined the petitioner along with my minor daughter on 04.06.2016 and now myself and the petitioner are living at No.1, Cora Masilamani Street, Sripuram, Chromepet, Chennai 600 044.

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I state that in view of the compromise between me and the petitioner, I undertake to live with the petitioner peacefully in future and I will not cause any problem to the peaceful living with the petitioner and therefore, the complaint in D.V.A. No.9 of 2016 on the file of the learned Judicial Magistrate, Tiruvarur pending against the petitioner and his family members may be quashed.”

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In view of the above, the proceedings in D.V.A. No.9 of 2016 on the file of the Judicial Magistrate Court, Tiruvarur, is hereby quashed and both the Criminal Original Petitions stand allowed.

-s/d-

Assistant Registrar

True copy

To 1 The Judicial Magistrate Tiruvarur

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The Chief Judicial Magistrate Thiruvarur

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https://hcservices.ecourts.gov.in/hcservices/

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3 The Public Prosecutor High Court of Madras Chennai 600 104

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+1 cc to Mr.K.Shivakumar Advocate sr.38317

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Common order in Crl.O.P. Nos.9245 & 9246 of 2016

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aa14/07/2016

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https://hcservices.ecourts.gov.in/hcservices/

C. Manikandan, v. M. Rani

Case brief

What is this about?

What did the court decide?

C. Manikandan, v. M. Rani

Case brief

What is this about?

What did the court decide?

What the court decided

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