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Madras HC: False DV opposite relatives of NRI father quashed.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2017

CORAM:THE HONOURABLE MR. JUSTICE M.S.RAMESH

Crl.O.P.No.19213 of 2017 and Crl.M.P.Nos. 11654 11655 of 2017

P.Karunambikai
Palanisamy
Senthil Kumar …Petitioners

Vs.

S.Shobana …Respondent

PRAYER: Criminal Original Petition filed underneath Section 482 of Cr.P.C. praying to call for a annals in D.V.Act No.16 of 2017 on a record of a schooled Judicial Magistrate Sulur and stifle a same as illegal.

For Petitioners : Mr.S.Namo Narayanan
For Respondent : Mr.P.Govindarajan
Additional Public Prosecutor.

ORDER
This petition is filed seeking to call for a annals in D.V.A No.16 of 2017 on a record of a schooled Judicial Magistrate Sulur and stifle a same as illegal.

  1. Heard a schooled warn for a petitioners as good as a schooled Additional Public Prosecutor appearing on interest of a respondent.
  2. The petitioners herein are a Father-in-law, Mother-in-law and Brother-in-law of a respondent. The schooled warn for a petitioners submitted that shortly after a respondent had got married, she had changed divided to Abu Dhabi, where she set adult her matrimonial home and was vital with her husband. The petitioners herein had no indicate of time to live in a respondent’s matrimonial home.
  3. It is represented that a benefaction record underneath a Domestic Violence Act has been instituted as opposite a father as good as a petitioners, who are a respondent’s in-laws. Even from a averments done in a pronounced complaint, it is seen that a petitioners herein had never share chateau with a respondent and her husband. Therefore a petitioners did not have a domestic attribute with a respondent herein as tangible underneath Section 2F of a Domestic Violence Act. While that being so, it would inapt to assent a record as opposite a in-laws to continue.
  4. It is serve seen from a extensive reading of a complaint, a categorical protest of a respondent is as opposite her husband. If that being a case, a control of a respondent herein in implicating her in-laws would usually be termed as an try to mutilate reprisal opposite her family members. we do not find any reason, as to because a petitioners should bear a hearing in a record underneath a Domestic Violence Act.
  5. In a result, a Criminal strange petition is authorised and a record in D.V.A. No.16 of 2017 on a record of a schooled Judicial Magistrate, Sulur, in so distant as these petitions are endangered is quashed. Consequently, connected diverse petitions are closed.
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12.10.2017 Index:Yes/No rts/msvm To The Presiding Officer, The Judicial Magistrate, Sulur M.S.RAMESH.J, rts Crl.O.P.No.19213 of 2017 and Crl.M.P.Nos. 11654 11655 of 2017 12.10.2017

 

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