Madras High Court
Nagarajan vs K.Radha on 21 June, 2021
CRP PD(MD).No.900 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.06.2021
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
CRP PD(MD).No.900 of 2021
1.Nagarajan
2.N.Jeyalakshmi
3.K.Pandiselvi
4.Duraipandi : Petitioners
Vs.
K.Radha : Respondent
PRAYER: Civil Revision Petition is filed under Article 227 of
Constitution of India, to strike off the complaint in DVC No.1 of 2021 on
the file of the learned Judicial Magistrate No.1, Virudhunagar, in so far as
the petitioner/respondents 2 to 5 are concerned.
For Petitioners : Mr.V.Sasikumar
ORDER
The Civil Revision Petition has been filed to strike off the
complaint in DVC No.1 of 2021 on the file of the learned Judicial
Magistrate No.1, Virudhunagar, in so far as the petitioners/respondents 2
to 5 are concerned.
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CRP PD(MD).No.900 of 2021
2.It is not is dispute that One Anandakumar has filed a petition in
HMOP.No.42 of 2019 on the file of the Learned Subordinate Judge,
Virudhunagar against the respondent herein under Section 12(1)(c) of
Hindu Marriage Act, 1955. on the ground that the marriage was
solemnized by compulsion of the police authority.
3.It is further evident that on the compliant lodged by the
respondent, the Inspector of Police, All Women Police Station,
Virudhunagar, had registered the FIR in Crime No.6 of 2019 for the
offence under Sections 498(A), 294(b), 506(i) of IPC and Section 4 of
Tamil Nadu prohibition of Harassment of Women Act against the said
Anandakumar and the petitioners herein.
4.The learned counsel for the revision petitioners would submit
that the marriage between the respondent and her husband is not a valid
marriage and the same is challenged before the competent Court and that
the respondent has filed the compliant belatedly misusing the provisions
of Women from Domestic Violence Act. He would further submit that the
respondent has used the provisions of the said Act with ulterior intention
to harass the petitioners and to tarnish the image of the petitioners. No
doubt, the petitioners, as per the judgment of this Court rendered by
Hon'ble Mr.Justice.N.Anand Venkatesh., in Crl.O.P.Nos.28458,
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CRP PD(MD).No.900 of 2021
16411, 33643 of 2019 (Batch), dated 18.01.2021 have filed the present
revision invoking the jurisdiction of this Court under Article 227 of the
Constitution of India. In the said judgment, the Hon'ble Judge has laid
down certain guidelines and procedures to be followed / complied with
by the litigants and the Court, while dealing with the complaint initiated
under the Domestic Violence Act.
5.In the present case, the petitioners have not approached the
learned Magistrate as per the guidelines issued, but they have
straightaway approached this Court hurriedly. It is pertinent to note that
when there has been a patent perversity in the orders of the Tribunals and
Courts or where there has been a gross and manifest failure of justice or
the basic principles of natural justice have been flouted, High Court can
interfere in exercise of its power of superintendence under Article 227 of
the Constitution of India.
6.It is settled law that the High Court cannot, at the drop of a hat,
in exercise of its power of superintendence, under Article 227 of the
Constitution, interfere with the proceedings or orders of Tribunals and
Courts nor can it act as a Court of appeal. The existence of alternative
mode of redressal would operate as a restrain on the exercise of this
power by the High Court. To put it in short, the jurisdiction has to be very
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CRP PD(MD).No.900 of 2021
sparingly exercised. In the case on hand, assuming for a moment, this
Court is not inclined to interfere with the proceedings of the trial Court, it
cannot be said that the same would result in miscarriage of justice.
Considering the above, this Court is not inclined to admit the Revision.
7.In the result, the Civil Revision Petition is dismissed and the
revision petitioners are at liberty to approach the learned Magistrate, as
per the guidelines issued in the judgment above referred. No costs.
Consequently, connected Miscellaneous Petition is closed.
21.06.2021
Index : Yes/No
Internet : Yes/No
tta
Note:
In view of the present lock down owing to
COVID-19 pandemic, a web copy of the
order may be utilized for official purposes,
but, ensuring that the copy of the order
that is presented is the correct copy, shall
be the responsibility of the
advocate/litigant concerned.
To
The learned IV th Additional District Judge,
Madurai
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CRP PD(MD).No.900 of 2021
K.MURALI SHANKAR, J.
tta
CRP PD(MD).No.900 of 2021
21.06.2021
https://www.mhc.tn.gov.in/judis/
