A.Shabeer Basha vs Sabana
2022 Latest Caselaw 6997 Mad

                                                                             CRL.O.P.No.26059 of 2016

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 04.04.2022

                                                         CORAM:

                             THE HON'BLE MR.JUSTICE G.CHANDRASEKHARAN

                                                CRL.O.P.No.26059 of 2016
                                                           and
                                  Crl.M.P.Nos.12929, 12930, 13663 of 2016 & 9293 of 2018


                     1.A.Shabeer Basha
                     2.Ameer Bashaa
                     3.A.Naseera
                     4.A.Shathik Basha
                     5.A.Imthiyas
                     6.M.Bhaaneer Khan                              ... Petitioners/Accused 1 to 6

                                                           Vs.
                     Sabana                                         ... Respondent/Complainant

                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to call for the records comprised in DVC
                     No.138/2016 on the file of the Addl.Magila Court, Chennai, Allikulam
                     Complex and quash the same.

                                       For Petitioners        : No appearance

                                       For Respondent         : Mr.R.Thanigai Arasu



                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis
                                                                             CRL.O.P.No.26059 of 2016

                                                         ORDER

This Criminal Original Petition has been filed to call for the

records in DVC No.138/2016, on the file of the Addl.Magila Court,

Allikulam Complex, Chennai and quash the same.

2. There was no representation for the petitioners in the last

hearing, therefore, the matter was posted today (04.04.2022) under the

caption 'for dismissal'. Today also there is no representation for the

petitioners. The learned counsel for the respondent is present and he

submits that there is no instruction from the respondent.

3. This Court in the judgment reported in 2021 1 L.W.289

P.Pathmanathan and others Vs. V.Monica and Others held that petition

under Section 482 Cr.P.C. cannot be maintained for quashing the

proceedings under Domestic Violence Act, 2005. Considering the fact

that there is no representation for the petitioners and the matter is

pending from the year 2016 and also following the order reported in

2021 1 L.W. 289 P.Pathmanathan and others Vs. V.Monica and Others,

https://www.mhc.tn.gov.in/judis CRL.O.P.No.26059 of 2016

this Court finds that this Criminal Original Petition is not maintainable

and dismissed accordingly. Consequently, connected miscellaneous

petitions are also closed.

04.04.2022

sli Index: Yes/No Internet: Yes/No Speaking Order/ Non-Speaking Order

To The Addl.Magila Court, Allikulam, Complex, Chennai.

https://www.mhc.tn.gov.in/judis CRL.O.P.No.26059 of 2016

G.CHANDRASEKHARAN.,J

sli

CRL.O.P.No.26059 of 2016

04.04.2022

https://www.mhc.tn.gov.in/judis