Criminal Original Petition under Section 482 CrPC challenging order initiating proceedings under Domestic Violence Act in Vellore. Petitioners sought quashing citing malice and abuse of process. Orders dismissed as underlying complaint in magistrate court was subsequently dismissed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2017
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
Crl.O.P.No.10289 of 2011
and
M.P.No.1 of 2011
1.G.Mani
2.V.Manimegalai ... Petitioners
.. Vs ..
1.M.A.Porchelvi
2.The Protection Officer,
Domestic Violence Cell,
Office of the Collectorate,
Sathuvachari,
Vellore – 9,
Vellore District.
3.M.Ramasamy ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Crl.P.C., to call for the records in M.C.No.13 of 2010 on the file of the Judicial Magistrate No.1, Vellore and quash the proceedings thereby discharge the petitioners in-as-much as the entire proceedings initiated by the 1st respondent is actuated by malice, hatred, ill-will and it is nothing but a double jeopardy and sheer abuse of the process of Court and process of law.
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For Petitioners : Mr.R.Thiagarajan For 1st Respondent : Mr.V.Madhavan
O R D E R
This criminal original petition is filed under Section 482 of Crl.P.C., to call for the records in M.C.No.13 of 2010 on the file of the learned Judicial Magistrate No.1, Vellore and quash the proceedings thereby discharge the petitioners in-as-much as the entire proceedings initiated by the 1st respondent is actuated by malice, hatred, ill-will and it is nothing but a double jeopardy and sheer abuse of the process of Court and process of law.
2. Today when the matter is taken up for hearing, the learned counsel appearing for the petitioners submitted that the main complaint preferred by the first respondent/complainant before the Learned Judicial Magistrate No.1, Vellore, has been dismissed and hence, he prays for dismissal of this petition. He has also made an endorsement to that effect.
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3. Recording the above endorsement made by the learned
counsel appearing for the petitioners, this Criminal Original Petition is
dismissed. Consequently, the connected miscellaneous petition is also
dismissed.
01.08.2017
Index : Yes / No
Internet : Yes / No
rna
To
1.The Judicial Magistrate No.1,
Vellore.
2.The Protection Officer,
Domestic Violence Cell,
Office of the Collectorate,
Sathuvachari,
Vellore – 9,
Vellore District.
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RMT.TEEKAA RAMAN, J.
rna
Crl.O.P.No.10289 of 2011
01.08.2017
1 issue framed by the court
Whether to quash criminal proceedings initiated as per the petitioners' claim of malice and abuse of process.
1 provisions across 1 enactments
G.Mani
V.Manimegalai
M.A.Porchelvi
The Protection Officer, Domestic Violence Cell
M.Ramasamy
RMT.TEEKAA RAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
