Dismissed

M.Ramesh, 34 Yrs, v. Vimala Devi, 35 Yrs

Madras HC23 Dec 2021CRL OP/14965/2017

Case brief

AI extract

What is this about?

The Madras High Court dismissed consolidated Criminal Original Petitions filed under Section 482 Cr.P.C. seeking to quash Domestic Violence applications. The Court held that Section 12 applications cannot be inferred by the High Court and reserved the question of domestic violence findings solely for the Magistrate.

What did the court decide?

Application filed under Section 12 of the Domestic Violence Act not quashed; Criminal Original Petitions dismissed.

M.Ramesh, 34 Yrs, Vs Vimala Devi, 35 Yrs — Domestic Violence | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 23.12.2021

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C O R A M

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THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

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Crl. O.P. Nos.14965 and 11037 of 2017 & Crl.M.P.Nos.7296, 9452, 7295 of 2017 & 1564 of 2018

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M. Ramesh S/o.A,Murugesan ...Petitioner in Crl.O.P.No.14965/2017 / 1^st Respondent

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A.Murugesan S/o.Arunachalam 2. M.Dhanalakshmi W/o.Murugesan

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P.Kannagi W/o.G.Palanisamy ... Petitioners in Crl.O.P.No.11037/ 2017 Respondents 2 to 4

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Versus

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Vimala Devi ... Respondent/ Complainant in both OPs

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COMMON PRAYER : Criminal Original Petitions filed under Section 482 of Cr.P.C. to call for the records of the Domestic Violence Original Petition 6 of 2017 on the file of Additional Mahila Special Magistrate of Salem and quash the same as against the petitioners.

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For Petitioner ... Mr.Udhayakumar

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For Respondents ... Mr.S.Kumar

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This petition has been filed to quash the proceedings in D.V.O.P.No.6 of 2017 pending on the file of Additional Mahila Special Magistrate of Salem.

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

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This Court passed an order on 01.12.2021 directing the petitioner in Crl.O.P.No.14965 of 2017 to pay a sum of Rs.7,500/- as maintenance per month from the date of the order passed by the Additional Mahila Special Magistrate, Salem in D.V.O.P.No.6 of 2017. This Court is informed that the said order has not been complied with.

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This Court is of the view that an application filed under Section 12 of the Domestic Violence Act cannot be inferred by this Court. Only the Magistrate has to find out whether there is any domestic violence occurred in the family, therefore, the question of quashing the entire complaint under Section 12 does not arise at all.

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Accordingly, these Criminal Original Petitions are dismissed. Consequently, the connected miscellaneous petitions are closed.

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Sd/Assistant Registrar(CS IX)

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//True Copy//

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Sub Assistant Registrar

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gpa/ gba

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The Additional Mahila Special Magistrate Salem.

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Crl. O.P. Nos.14965 and 11037 of 2017& Crl.M.P.Nos.7296, 9452, 7295 of 2017 & 1564 of 2018

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RGN[co] NSK 21/01/2022

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

M.Ramesh, 34 Yrs, v. Vimala Devi, 35 Yrs

Case brief

What is this about?

What did the court decide?

M.Ramesh, 34 Yrs, v. Vimala Devi, 35 Yrs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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