M.Kuppusamy vs Ramalakshmi
2021 Latest Caselaw 24271 Mad

                                                                                     Crl. O.P. No. 21758 of 2017


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       Dated 09.12.2021

                                                          CORAM:

                                  THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

                                              Crl. O.P. No. 21758 of 2017and
                                           Crl.M.P.Nos.12804 and 12805 of 2017

                   M.Kuppusamy                                                    . . . Petitioner

                                                              Versus

                   1.Ramalakshmi

                   2.KS.Sakthi Kamalam                                        . . . Respondents


                   PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to
                   call in M.C.No.43 of 2015 on the file of the Learned XVII Metropolitan
                   Magistrate, Saidapet, Chennai and to quash the same as against the petitioner
                   herein.
                                     For Petitioner           : Mr.A.Kalaivanan

                                     For Respondents          : M/s.Gouhar Un Nissa
                                                                   No appearance

                                                           ORDER

This Criminal Original Petition has been filed to quash the criminal

proceedings in M.C.No.43 of 2015 on the file of the Learned XVII

Metropolitan Magistrate, Saidapet, Chennai. https://www.mhc.tn.gov.in/judis Page No:1/4 Crl. O.P. No. 21758 of 2017

2. On a perusal of the entire materials available on record, it is noted

that certain allegations of domestic violence have been leveled as against the

accused. Whether or not domestic violence has been perpetrated by the

accused, has to be decided by way of adducing evidence before the trial Court

and the same cannot be gone into by this Court in a petition under Section

482 Cr.P.C.

3. The petitioner is not arraigned as an accused, but only as a

respondent in the maintenance case. In such view of the matter, the question

of prosecution will arise only if a protection order is passed and is violated.

Therefore, at this stage, this Court is not inclined to invoke its powers under

Section 482 Cr.P.C. and quash the proceedings at the threshold.

4. Considering the entire facts and circumstances of the case, the

personal appearance of the petitioner before the trial Court is dispensed with,

except for receipt of copies, answering the charges, questioning under Section

313 Cr.P.C., passing of judgment, or on any other date as may be required by

the trial Court.

https://www.mhc.tn.gov.in/judis Page No:2/4 Crl. O.P. No. 21758 of 2017

5. Accordingly, this Criminal Original Petition is dismissed.

Consequently, the connected criminal miscellaneous petitions are closed.

                   psa/asr                                                        09.12.2021



                   Index : Yes / No
                   Internet: Yes
                   Speaking/non speaking order


                   To

The XVII Metropolitan Magistrate, Saidapet, Chennai.

https://www.mhc.tn.gov.in/judis Page No:3/4 Crl. O.P. No. 21758 of 2017

N. SATHISH KUMAR, J.

psa/asr

Crl. O.P. No. 21758 of 2017

09.12.2021

https://www.mhc.tn.gov.in/judis Page No:4/4