Allowed

K.S.K.Mohammed Masuthu, v. R.Meeral @ Jasmine

Madras HC17 Oct 2019CRL OP(MD)/11261/2017

Case brief

AI extract

What is this about?

Criminal Original Petition filed to quash a Domestic Violence petition filed against petitioners. Court held proceedings against petitioners were abuse of process as they lived separately and no domestic relationship existed, but allowed proceeding against the husband.

What did the court decide?

Proceeding in D.V.No.1 of 2017 quashed against petitioners; disposal against husband directed within three months.

K.S.K.Mohammed Masuthu, Vs R.Meeral @ Jasmine — Domestic Violence | Madras HC (2019)

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CRL.O.P(MD)No.11261 of 2017

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2019 CORAM

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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CRL.O.P(MD)No.11261 of 2017 and CrL.M.P(MD)Nos.7743 & 7744 of 2017

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K.S.K.Mohammed Masuthu

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M.Seyathu 3. J.Rasul Nisha ... Petitioners/Respondents 2 to 4 Vs.

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R.Meeral @ Jasmine

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... Respondent/Complainant

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PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records and to quash the petition in D.V.No.1 of 2017, on the file of the Judicial Magistrate Court, Sengottai, as against these petitioners.

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For Petitioners : Mr.R.Sadagoban Rengasamy For Respondent : Mr.K.Veilmuthu

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ORDER

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This Criminal Original Petition has been filed seeking to quash the proceedings in D.V.No.1 of 2017, on the file of the Judicial Magistrate Court, Sengottai, insofar as the petitioners herein are concerned.

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The first Petitioner is the father-in-law, second petitioner is the mother-in-law and third petitioner is the sisterin-law of the respondent.

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It is seen from the records that the petitioners 1 to 3 arre living separately and the respondent is living separately and therefore, no domestic violence can be attributed as against the petitioners 1 to 3. The respondent has not made any specific allegations against the petitioners 1 to 3, except for certain general allegations and certain specific averments have been made by the respondent only against her husband. Even in the absence of a domestic relationship with the respondent, the petitioners 1 to 3 have been roped in a Domestic Violence Petition.

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Heard the learned counsel for the Petitioners as well as the learned counsel for the respondent.

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

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1/2

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CRL.O.P(MD)No.11261 of 2017

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In the considered view of this Court, the petitioners 1 to 3 are concerned, the entire proceedings is an abuse of process of Court and the same requires interference of this Court in exercise of its jurisdiction under Section 482 of Cr.P.C.

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In the result, the proceedings in D.V.No.1 of 2017, on the file of the Judicial Magistrate Court, Sengottai, is quashed, insofar as the petitioners are concerned. It is left open to the respondent herein to proceed further to prosecute the Domestic Violence Petition as against her husband.

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This Criminal Original Petition is allowed and there shall be a direction to the Judicial Magistrate Court, Sengottai, to dispose of the proceedings in D.V.No.01 of 2017, as against the husband, within a period of three months from the date of receipt of copy of this order. Consequently, connected miscellaneous petitions are closed.

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// True Copy //

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Sub Assistant Registrar(CS )

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The Judicial Magistrate, Sengottai.

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The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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CRL.O.P(MD)No.11261 of 2017 17.10.2019

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TSG

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MK (14.11.2019) 2P 3C

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

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K.S.K.Mohammed Masuthu, v. R.Meeral @ Jasmine

Case brief

What is this about?

What did the court decide?

K.S.K.Mohammed Masuthu, v. R.Meeral @ Jasmine

Case brief

What is this about?

What did the court decide?

What the court decided

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