M.Kalimuthu vs Rajeswari
2023 Latest Caselaw 3325 Mad

                                                                              Crl.O.P.(MD)No.18228 of 2022



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED: 28.03.2023

                                                         CORAM:

                                  THE HONOURABLE MR.JUSTICE G.ILANGOVAN

                                           Crl.O.P.(MD)No.18228 of 2022
                                    and Crl.M.P.(MD).Nos.12155 & 12157 of 2022

                     1.M.Kalimuthu
                     2.Rukmani
                     3.M.Subbiab @ Suresh
                     4.Kalyani                           ... Petitioners/Respondents 1 to 3 & 5


                                                               Vs.

                     1.Rajeswari
                     2.Minor Madhusree
                     3.Minor Viyaysree
                     4.Minor Thejasree                               ... Respondents/Petitioners

                     (Respondents 2 to 4 represented through their mother first respondent)

                     PRAYER : Criminal Original Petition is filed under Section 482 of

                     Cr.P.C, to call for the records of the impugned DVOP No.10/2022 on the

                     file of Learned Judicial Magistrate, Melur and quash the same as illegal

                     in so far as the petitioners.

                                    For Petitioner        : Mr.M.Balakrishnan




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                                                                                Crl.O.P.(MD)No.18228 of 2022



                                                          ORDER

This petition has been filed to quash the impugned proceedings in

DVOP No.10/2022 on the file of Learned Judicial Magistrate, Melur, as

illegal in so far as the petitioners.

2.This criminal original petition has been filed against the

proceedings, which was initiated by the respondent under various

provisions of the Protection of Woman from Domestic Violence Act. The

learned counsel for the petitioners would submit that now in view of the

Full Bench judgment of this Court in the case of Arul Daniel Vs.

Suganya reported in (2022) 4 MLJ (Cri.) 561 liberty may be granted.

3.Accordingly, liberty may be granted to the petitioners to workout

his remedy through appropriate proceedings. With the above liberty this

petition stands disposed of. Consequently, connected miscellaneous

petitions are closed.

28.03.2023 Index : Yes/No Internet : Yes/No TM

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

Crl.O.P.(MD)No.18228 of 2022

To

1.The Judicial Magistrate, Melur.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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

Crl.O.P.(MD)No.18228 of 2022

G.ILANGOVAN. J.

TM

Crl.O.P.(MD)No.18228 of 2022

28.03.2023

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