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2019 Supreme(Mad) 2648

G.R.SWAMINATHAN
Joseph Charles – Appellant
Versus
State, Rep. by Inspector of Police, All Women Police Station-South, Madurai – Respondent


Advocates Appeared:
For the Petitioners:S.R. Paul Sukumar, Advocate
For the Respondents:A. Robinson, Government Advocate (Crl.side)

JUDGMENT :

(Prayer: Petition filed under Section 482 Code of Criminal Procedure, to call for records pertaining to the C.C.No.22 of 2016, pending on the file of the learned Additional Mahila Court, Madurai and quash the proceedings as against the petitioners herein.)

1. The petitioners are facing trial in C.C.No.22 of 2016 on the file of the Additional Mahila Court, Madurai. The second respondent herein is the defacto complainant. The marriage between the first petitioner and the defacto complainant took place on 23.08.2009 at Coimbatore as per Christian Rites and Customs. Two male children were born through the wedlock. The marital relationship appears to have come under strain. The first petitioner, therefore, filed IDOP before the Family Court, Coimbatore, seeking dissolution of marriage. At the instance of the defacto complainant herein, the same was transferred to the Family Court, Madurai and re-numbered as I.D.O.P.No.86 of 2014.

2. The specific allegation of the petitioner is that as a counter blast, the defacto complainant lodged a criminal complaint before the All Women Police Station, South, Madurai City and the same was registered as Crime No.8 of 2015. The matter was inves

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