-Vs-
Maheshwari : Respondent / Complainant PRAYER: Criminal Original petition filed under
Section 482 of Criminal Procedure Code, to call for the records pertaining in D.V.O.P.No.3 of 2017 on the file of the learned Judicial Magistrate, Sankarankovil, Tirunelveli District and quash the same as against the petitioners.
The Criminal Petition Petition is filed to call for the records pertaining to D.V.O.P.No.3 of 2017 on the file of the learned Judicial Magistrate, Sankarankovil, Tirunelveli District and quash the same as against the petitioners.
2.The petitioners are the respondents 2 to 4 in D.V.O.P.No.3 of 2017 on the file of the learned Judicial Magistrate, Sankarankovil, Tirunelveli District. The said case was filed by the respondent under Section 12 of the Protection of Women from Domestic Violence Act, 2005, for some reliefs which are provided under the Act.
3.Though the learned Counsel for the petitioners pointed out that the reliefs claimed by the respondent are mutually contradictory, he fairly conceded that the petition is only for maintenance and for compensation, which is provided under the provisions of the Protection of Women from Domestic Violence Act, 2005.
4.In such circumstances, the contention regarding the maintainability of the petition on merits of the matter cannot be decided by this Court, in a petition under
Section 482 of Cr.P.C. In view of the facts and circumstances and no other legal ground is raised by the petitioners, this Curt is not inclined to entertain this petition. Hence this petition is dismissed. However, the appearance of the petitioners before the lower Court is dispensed with, unless and until their presence is required by an order of Court. Consequently, the connected, miscellaneous petition is closed.
To
1.The Judicial Magistrate, Sankarankovil, Tirunelveli District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
.