In a criminal original petition under Section 482 CrPC to quash proceedings based on withdrawal of a domestic violence petition, the High Court of Madras disposed of the petition and closed the connected application without detailed reasoning.
Criminal Original Petition disposed of; connected Criminal Miscellaneous Petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.O.P.No.18322 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.10.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.18322 of 2012 and M.P. No.1 of 2012
Hari Har Raj Kalingarayar
Versus
H.K.Aarti ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records pending in C.C. No.2493 of 2012 from the learned Metropolitan Magistrate Court, Egmore, Chennai to prevent the abuse process of law, to secure ends of justice, quash the said Application and all further proceedings.
For Petitioner : Ms.Ramadevi for M/s.Lakshmipriya Associates
For Respondent : No appearance
ORDER
This Criminal Original Petition was filed to call for the entire
records in C.C. No.2493 of 2012 on the file of the Metropolitan Magistrate Court, Egmore, Chennai and to quash the same.
M.NIRMAL KUMAR, J.
Page No.1 of 2
CRL.O.P.No.18322 of 2012
vga 2.Learned counsel for the petitioner submits that the petitioner and the respondent are husband and wife and that the respondent wife filed a case in D.V.C. No.331 of 2017 under Section 12 of the Protection of Woman from Domestic Violence Act, 2005 before the Additional Mahila Court, Egmore, Chennai and she had withdrawn the above case on 04.02.2022.
3.Recording the submission made by the learned counsel appearing for the petitioner, this Criminal Original Petition is disposed of. Consequently, the connected Criminal Miscellaneous Petition is closed.
14.10.2022
vga
To
CRL.O.P.No.18322 of 2012 and M.P. No.1 of 2012
Page No.2 of 2
1 issue framed by the court
Whether to grant relief to quash proceedings in a Domestic Violence case based on withdrawal.
2 provisions across 2 enactments
Hari Har Raj Kalingarayar
H.K.Aarti
M.Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
