Madras High Court
Anju Kumar vs Swathy on 3 September, 2024
C.R.P. (PD) No.3480 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 03.09.2024
CORAM
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN
C.R.P. (PD) No.3480 of 2024
and C.M.P.Nos.18839 & 18840 of 2024
1.Anju Kumar
2.Sampath Kumar
3.Vasantha
4.Priyanka Mohan Kumar ... Petitioners
Vs.
Swathy ... Respondent
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of
India, to call for the entire records pertaining to D.V.A.No.77 of 2024 on the file of
the Special Court to try cases filed under Domestic Violence Act, Coimbatore.
For the Petitioners : Mr.Mahesh Kumar .S
ORDER
This Civil Revision Petition seeks to quash the D.V.A.No.77 of 2024 on the
file of the Special Court to try cases filed under Domestic Violence Act, Coimbatore.
2. The relationship between the parties is not in dispute. The 1st petitioner is
the husband of the respondent. The petitioners 2 and 3 are his parents. The 4 th
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petitioner is his sister. The 1st petitioner and the respondent entered into matrimony
on 06.04.2022. Thereafter, the parties set up their matrimonial home at Hosur.
Alleging that she had undergone domestic violence, she filed a petition in
D.V.A.No.77 of 2024. She had invoked the provisions of Sections 18, 20, 22 and 23
of Protection of Women from Domestic Violence Act, 2005.
3. According to her, there has been demand of dowry and in addition the
husband as well as the other petitioners used to regularly indulge in verbally abusing
her by using swear words. She would state that the sister-in-law had egged her
husband to indulge in such abuse.
4. Mr.Mahesh Kumar would state that all these complaints are false. He would
state that this is a case which cries out to quash the domestic violence proceedings by
exercising the power under Article 227 of the Constitution of India.
5. The position of law with respect of quashing of domestic violence case has
been laid down by the Supreme Court in Inderjit Singh Grewal Vs. State of Punjab
and Ors., (2012 Crl L.J 309). In the said Judgment, the Supreme Court had directed
the Courts exercising the powers to quash a complaint has to go through the
averments made therein and if specific allegations are found against the parties, then
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it directed that the party should be referred for trial.
6. A perusal of the complaint in the present case in particular paragraph No.2
onwards makes out allegations which would attract Section 3 of the Protection of
Women from Domestic Violence Act. Therefore, applying the Judgment as aforesaid
to the facts of the present case, I am not in a position to come to the rescue of
Mr.Mahesh Kumar's client.
7. At this stage, Mr.Mahesh Kumar would submit that the 1st Civil Revision
Petitioner has suffered both physically and emotionally on account of the fact that his
wife has moved away from him along with a year old daughter. He would submit that
in case the matter is referred to mediation, there is a dintict possibility that the matter
would be settled. He would therefore, wanted the matter to be referred to the
mediation centre in Chennai.
8. I have considered the submission and I have to take note of the fact that the
petitioners are the resident of Zuzuvadi, Hosur and the respondent-wife is a resident
of Kuniamuthur in Coimbatore. Asking both the parties to come to Chennai might
not be conducive as the wife would have to travel with a year old female child from
Coimbatore to Chennai. This I feel might not be proper.
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9. Hence, I would direct the learned Judicial Magistrate, to send the parties for
mediation to the District Mediation Centre at Coimbatore. The appearance of the
petitioners 2 to 4 are dispensed with. They shall appear as and when their presence is
so directed by the Court below.
10. With the above directions, this Civil Revision Petition stands dismissed.
No costs. Consequently, the connected miscellaneous petitions are closed.
03.09.2024
Jer
Index : Yes / No
Internet : Yes / No
Speaking order / Non-speaking order
Neutral citation : Yes / No
To
The Special Court to try cases filed under Domestic Violence Act
Coimbatore.
V.LAKSHMINARAYANAN, J.,
https://www.mhc.tn.gov.in/judis
Jer
and C.M.P.Nos.18839 & 18840 of 2024
03.09.2024
https://www.mhc.tn.gov.in/judis
