5 yr marriage. Several cases already. Husband arrested & released in 498a. Now all run 2 quash DV. HC quashes it partly and lets hubby to continue fighting case !!

Married on 12.09.2010. Marriage ran into rough weather v soon. Several cases and counter cases filed by each other & pending before various courts !! Now, inter alia, wife has filed a case u/s 498A, 406, 294B and 506[ii] IPC read with Section 4 of DP Act. Husband arrested released on bail !!

Wife has ALSO filed DV case. Now all run for DV case quash. HC quashes DV cases against in laws and leaves husband to fight it

I can’t figure out what is the benefit of partially quashing a DV case… won’t all the maintenance and milking continue irrespective of part of the case ?

*****************************************

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.06.2015

CORAM : THE HONOURABLE MR.JUSTICE P.N.PRAKASH

Crl.O.P.Nos.6213 of 2014

1.C.Karthikeyan
2.M.Chakkarapani
3.Devika
4.C.Kalavathi                …   Petitioners

Vs

A.Priya             …   Respondent

Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records in DVOP.No.180 of 2013 on the file of the Additional Mahila Magistrate, Salem and quash the same.

For Petitioner      :  Mr.N.Ramesh

For Respondent   :  Mr.R.Nalliyappan

O R D E R

Seeking a direction to the quash the proceedings in DVOP.No.180 of 2013 on the file of the Additional Mahila Magistrate, Salem.

2. Heard the learned counsel for the petitioner. It is seen that the 1st petitioner got married to the respondent on 12.09.2010 and their marriage ran into rough weather and there are several cases and counter cases filed by each other and the cases are pending before various courts.

3. In the meantime, on a complaint lodged by the respondent, a case in crime No.30 of 2012 was registered by the All Women Police Station, Kallakurichi under Section 498A, 406, 294B and 506[ii] IPC read with Section 4 of DP Act was registered and the 1st petitioner was arrested and now he has been released on bail. Thereafter, the respondent has launched the domestic violence proceedings against her husband and all his family members.

4. On a reading of the complaint in DVOP.No.180 of 2013, this Court finds that there are no serious allegations as against petitioners 2, 3 and 4, warranting an enquiry under the D.V. Act.

5. Under such circumstances, the proceedings as against the petitioners 2 to 4/respondents 2 to 4 in DVOP.No.180 of 2013 is hereby quashed. As regards the 1st petitioner/1st accused, this petition stands dismissed. The Trial Court is directed to dispose of the proceedings, within a period of six months, from the date of receipt of a copy of this order.

6. With the above direction, this Criminal Original Petition is partly allowed. Consequently, connected Miscellaneous Petitions are closed.

12.06.2015

P.N.PRAKASH, J.

gya

To

1.The Public Prosecutor,
High Court, Madras.

Crl.O.P.Nos.6213 of 2014
12.06.2015

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