The petitioner sought to quash proceedings in DV.C.No.71 of 2018 alleging domestic violence and physical abuse. The court declined to interfere, noting the matter was not suitable for trial without merits and directed the lower court to conclude proceedings within three months.
Directions to complete proceedings within three months; connected petitions closed.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 28.01.2019
CORAM: THE HON'BLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.337 of 2019 and Crl.M.P.Nos.898 and 899 of 2019
Sadasivan Pillai ... Petitioner
Vs.
Sheela ... Respondent
Prayer: Criminal Original Petition filed under Section 482 of
Cr.P.C., to call for the records relating to the impugned
D.V.C.No.71 of 2018 on the file of the Additional Mahila Court,
Egmore, quash the same.
For Petitioner : Mr.K.Govi Ganesan
For Respondent : Mr.R.S.Kirubakaran
ORDER
This petition has been filed seeking to quash the
proceedings in D.V.C.No.71 of 2018, pending on the file of the
Additional Mahila Court, Egmore.
2.This Court attempted to refer the matter for mediation taking into consideration the age of the parties. However, the learned counsel appearing for the respondent submitted that already an attempt was made to refer the parties to mediation and the mediation failed. The learned counsel also submitted that there was a physical abuse caused by the petitioner to the respondent and therefore, the matter has to be agitated only before the concerned Court and there are no grounds to interfere with the proceedings.
3.Without going into the merits of the case, this Court is of the considered view the parties must be permitted to agitate all the issues before the Court below. This Court does not find any ground to interfere with the proceedings at this stage.
4.Accordingly, this Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings within a period of three months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar(J)
//True Copy//
Sub Assistant Registrar
vsg1/ia
To:
The Additional Mahila Judge,
Egmore.
+1cc to Mr.K.Govi Ganesan, Advocate, S.R.No.6858
+1cc to Mr.R.S.Kirubakaran, Advocate, S.R.No.6443
Crl.O.P.No.337 of 2019
rrs 13/02/2019
Sadasivan Pillai
Sheela
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
