The Madras High Court dismissed a Criminal Original Petition filed under Section 482 CrPC seeking to quash a dowry harassment case. Holding that specific averments against the petitioner required a full trial, the Court rejected the quashing plea.
Petition for quashing of the domestic violence case was dismissed.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.09.2019
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD)No.10747 of 2019 and Crl.M.P(MD).Nos.6750 & 6752 of 2019
S.Balaji@Santhana Gopalakrishnan : Petitioner/Respondent No.1
Vs.
R.Dhivya@Sankari
: Respondent/Complainant
PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call call for the records in D.V.C No.5 of 2019 on the file of the learned Judicial Magistrate No.I, Kumbakonam, as against the petitioner and quash the same.
For Petitioner : Mr.B.Nambi Selvan
For Respondent : Mr.A.Saravanan
O R D E R
This Criminal Original Petition has been filed to call for the records from the learned Judicial Magistrate No.I, Kumbakonam in D.V.C.No.5 of 2019 and quash the same as it has no prima facie case against the petitioner.
2.Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.
3.It seen from the records that there are specific averments as against the petitioner herein. The grounds raised in the petition have to be gone into in a full fledged trial. Therefore, this Court
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is not inclined to quash the case in D.V.C.No.5 of 2019 on the file of the Judicial Magistrate No.I, Kumbakonam. Accordingly, this criminal original petition is dismissed. Consequently, the connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar (C.O)
Sub Assistant Registrar(CS)
To
The Judicial Magistrate No.I, Kumbakonam.
+1 CC to Mr.A. SARAVANAN, Advocate SR-85363. +1 CC to Mr.B.NAMBI SELVAN, Advocate SR-85490.
Crl.O.P.(MD)No.10747 of 2019 and Crl.M.P(MD).Nos.6750 & 6752 of 2019 05.09.2019
CS(18.09.2019) 2P 4C
1 issue framed by the court
Whether the criminal case should be quashed under Section 482 CrPC due to lack of prima facie case against the petitioner.
1 provisions across 1 enactments
S.Balaji@Santhana Gopalakrishnan
R.Dhivya@Sankari
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
