Saratha v. Shoba
Case brief
What is this about?
The High Court allowed the Criminal Original Petition and quashed Domestic Violence proceedings in C.C.No.2083 of 2012. The court held that there were no specific allegations against the petitioner warranting proceedings, noting the case was stale and respondent failed to appear.
What did the court decide?
Criminal Original Petition allowed; proceedings in C.C.No.2083 of 2012 against the petitioner quashed; connected miscellaneous petition closed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.02.2020
CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.32733 of 2013
and
Crl.M.P.No.1 of 2013
Saratha ... Petitioner
Vs.
shoba ... Respondent
PRAYER: Criminal Original Petition is filed under Section 482
of the Code of Criminal Procedure, to call for the records in
C.C.No.2083 of 2012 pending on the file of X Metropolitan
Magistrate, Egmore, Chennai and quash the same.
For Petitioner : Mr.H.Rajasekar
For Respondent : No Appearance
ORDER
This Criminal Original Petition has been filed to quash the proceedings in C.C.No.2083 of 2012 filed by the respondent as unsustainable in law.
2.The respondent/complainant had been served with the notice of this Criminal Original Petition on 29.01.2020, but she failed to appear before this Court. Thereafter, this Court by order dated 07.02.2020 directed the learned counsel for the petitioner to take paper publication and the same has been published and the name of the respondent has also been printed in the cause list. Despite taking all efforts, the respondent failed to appear before this Court or engage a counsel. Keeping this Criminal Original Petition further pending would only amount to piling up of the cases without any progress and hence, this Court decides to dispose of the Criminal Original Petition on merits.
3.It is seen that the respondent got married to one Vasu, on 12.03.2000, and they have two children through the wedlock. https://hcservices.ecourts.gov.in/hcservices/ Their matrimonial life ran into rough weather and they got
Issues for consideration
2 issues framed by the court
Whether the Domestic Violence proceedings initiated by the respondent against the appellant-widow are liable to be quashed on grounds of vague allegations.
Whether the alleged allegations warrant the initiation or continuation of judicial proceedings.
Parties & counsel
- petitioner
Saratha
- respondent
Shoba
Coram
M. Dhandapani
Case details
As recorded by the court registry
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