Dismissed

Sarangapani, 72 Yrs, v. K.Kalaiselvi, 43 Yrs

Madras HC20 Dec 2021CRL OP/28871/2017

Case brief

AI extract

What is this about?

High Court dismissed a Criminal Original Petition under Section 482 Cr.P.C. seeking quashing of maintenance proceedings, holding that the existence of Domestic Violence would be determined by the Magistrate. The Court dispensed with personal appearance for petitioners during witness cross-examination and closed connected petitions.

What did the court decide?

Criminal Original Petition dismissed; connection of witnesses dispensed; connected Criminal Miscellaneous Petitions closed.

Sarangapani, 72 Yrs, Vs K.Kalaiselvi, 43 Yrs — Domestic Violence | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 20.12.2021

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CORAM

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THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

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CRL. O.P. NO.28871 OF 2017 AND CRL.M.P.NOS.16331 AND 16332 OF 2017

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1.Sarangapani 2.Anbazhagi 3.Anandhi 4.Shanthi

...Petitioners

K.Kalaiselvi

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to quash the entire proceedings in M.C.No.29 of 2015 on the file of the Judicial Magistrate Court, Sirkali against the petitioners 1 to 4.

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This Criminal Original Petition has been filed to quash the proceedings in M.C.No.29 of 2015, pending on the file of the learned Judicial Magistrate, Sirkali, against the petitioners 1 to 4 and the relief sought primarily relates to maintenance and also the protection order against the petitioners not to harass the respondent herein.

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Heard the learned counsel appearing on either side and perused the materials available on record.

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

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As the petitioners will be normally arrayed as respondent in those matters and no penal provision will apply. What is required to be seen by the Magistrate is to find out whether any Domestic Violence has been committed or not. In such a view of the matter, this Court is not inclined to entertain this Criminal Original petition.

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In the result, this Criminal Original Petition is dismissed. Taking into consideration, the facts and circumstances of the case, the presence of the petitioners before the Trial Court is dispensed with except for receipt of copies. They shall be represented by a counsel, who shall cross examine the witnesses on the same day, when the witnesses are examined in Chief. Consequently, connected Criminal Miscellaneous Petitions are closed.

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Sd/Assistant Registrar(CS-VII)

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//True Copy//

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Sub Assistant Registrar

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mvs

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The Judicial Magistrate Court, Sirkali

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The Public Prosecutor,

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High Court, Madras.

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+1cc to Mr.R.Ashraf Khan, Advocate, S.R.No.68877

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Crl. O.P. No.28871 of 2017

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RLD(CO) RLP(06/01/2022)

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

Sarangapani, 72 Yrs, v. K.Kalaiselvi, 43 Yrs

Case brief

What is this about?

What did the court decide?

Sarangapani, 72 Yrs, v. K.Kalaiselvi, 43 Yrs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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