Chellaiah vs Sheela Margaret
2022 Latest Caselaw 9234 Mad

                                                                                Crl.O.P.No.15905 of 2016

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 29.04.2022

                                           CORAM:
                        THE HONOURABLE Mr. JUSTICE G.CHANDRASEKHARAN

                                                 Crl.O.P.No.15905 of 2016

                1.Chellaiah
                2.Vinoth
                3.Victoria
                4.Sophia                                            .. Petitioners/Accused Nos.2 to 5

                                                            Vs.

                Sheela Margaret                                           .. Respondent/Complainant

                PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C to call
                for the records relating to the case in D.V.O.P.No.5 of 2016 on the file of the
                Judicial Magistrate Tambaram, quash the same.

                                           For Petitioner     : No appearance
                                           For Respondent     : No appearance

                                                        ORDER

The Criminal Original Petition has been filed under Section 482 of

Cr.P.C to call for the records in D.V.O.P.No.5 of 2016, on the file of the

Judicial Magistrate, Tambaram and quash the same.

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

Crl.O.P.No.15905 of 2016

2.When the matter is taken up for hearing on 22.04.2022, there was

no representation for the petitioners, therefore, this matter was ordered to be

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

for the petitioners.

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, this Court finds that this Criminal Original

Petition is not maintainable and dismissed accordingly. Consequently,

connected miscellaneous petitions, if any, is also closed.

29.04.2022

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

G.CHANDRASEKHARAN.,J

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

Crl.O.P.No.15905 of 2016

sli

To:

The Judicial Magistrate Tambaram

Crl.O.P.No.15905 of 2016

29.04.2022

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