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2023 DIGILAW 82 (MAD)

Ramajayam v. S. Revathi

2023-01-04

S.M.SUBRAMANIAM

body2023
ORDER : Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to quash the proceedings in D.V.O.P.No.9 of 2022 on the file of District Munsif cum Judicial Magistrate Court, Sendurai, Ariyalur District. The Civil Revision Petition has been filed to quash the proceedings in DVOP No.9 of 2022, pending on the file of District Munsif cum Judicial Magistrate Court, Sendurai, Ariyalur District. 2. The first respondent/wife filed a complaint under the provisions of the Protection of Women from Domestic Violence Act, 2005. The revision petitioner states that he is the brother-in-law of the first respondent and he is no way connected with the matrimonial dispute between the first respondent and the second respondent, who is the husband of the first respondent. However, there is a specific allegation against the revision petitioner in Paragraph No.9 of the plaint filed by the first respondent in D.V.O.P.No.9 of 2022, which reads as follows:- “9. The petitioner states that the, in the year of 2020 month of August, my brothers along with relatives gone to the respondents' house, for requested to settle the dispute amicably, there is no chances for reunion after 16 years. The respondent 2 and 3 told to my brothers, that the petitioner is withdraw all the cases including E.P Proceedings and only then the articles and jewels of the petitioner will be returned. At end of the Panchayath the petitioner is not agreeable with the condition of the respondents 2 & 3. The 3rd respondent unable to bear the fact that the petitioner did not agree to the terms proposed by him, had lodged a false police complaint to the jayankondam Police Station through his wife one Ms. Chandra and a FIR in Crime No.1029 of 202 dated 08.10.2020 was registered against the brothers of the petitioner. The brothers of the petitioner approached the Hon'ble High Court of Madras to quash the FIR in Crl.O.P.No.3110 of 2021 and interim orders of stay has been obtained in favour of the brothers of the petitioner.” 3. When there is an allegation against the revision petitioner, then an enquiry is warranted. 4. The learned counsel for the revision petitioner after elaborately arguing the matter for a considerable length of time and thereafter, made a request for withdrawal of the Civil Revision Petition. 5. Thus, the Civil Revision petition stands dismissed as withdrawn. No costs. When there is an allegation against the revision petitioner, then an enquiry is warranted. 4. The learned counsel for the revision petitioner after elaborately arguing the matter for a considerable length of time and thereafter, made a request for withdrawal of the Civil Revision Petition. 5. Thus, the Civil Revision petition stands dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed.