Dismissed

C. Suresh, v. M. Sivaranjani

Madras HC5 Apr 2022CRL OP/13620/2016

Case brief

AI extract

What is this about?

The Madras High Court disposed of a Criminal Original Petition filed to quash proceedings under the Domestic Violence Act, 2005. Relying on a prior judgment, the Court held such petitions cannot be maintained and directed the petitioners to appear before the trial court.

What did the court decide?

Petition dismissed; connected miscellaneous petitions closed; petitioners directed to appear before trial court.

C. Suresh, Vs M. Sivaranjani — Domestic Violence | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 05.04.2022

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CORAM

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THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

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CRIMINAL ORIGINAL PETITION NO.13620 OF 2016 AND CRL.M.P.NOS.6992 OF 2016 AND 3499 OF 2018

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C.Suresh

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C.Marriyammal

... Petitioners

Vs.

M.Sivaranjani

... Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records in D.V.A.No.17 of 2016 on the file of the Judicial Magistrate Court No.VII, Coimbatore and quash the same.

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For Petitioners : Mr.K.Thenrajan For Respondent : M/s.Va Vu Si Vazhakagam

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O R D E R

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This original petition has been filed to call for the records in D.V.A.No.17 of 2016 on the file of the Judicial Magistrate Court No.VII, Coimbatore and quash the same.

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2.This Court in the judgment Dr.P.Pathmanathan and others Vs. V.Monica and Others reported in 2021 1 L.W.289 held that petition under Section 482 Cr.P.C. cannot be maintained for quashing the proceedings under Domestic Violence Act, 2005.

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3.Taking note of the said order, this Court directs the petitioners to appear before the trial Court as and when required for enquiry. It is made clear that it is not necessary

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

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for the petitioners to appear before the Court on every date of hearing. They can appear through their counsel. Petitioners must ensure that they are properly represented by their counsel. Failing appearance by their counsel, the Court may pass appropriate orders insisting appearance of the petitioners.

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4.Accordingly, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petitions are closed.

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Sd/-

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Assistant Registrar(CS-IV)

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//True Copy//

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Sub Assistant Registrar

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The Judicial Magistrate No.VII, Coimbatore.

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+1cc to M/s.K.Thenrajan, Advocate, S.R.No.23164

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Crl.O.P.No.13620 of 2016

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MT(CO) RLP(21/04/2022)

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

C. Suresh, v. M. Sivaranjani

Case brief

What is this about?

What did the court decide?

C. Suresh, v. M. Sivaranjani

Case brief

What is this about?

What did the court decide?

What the court decided

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