Wife files DV; gets 25000 p.m. + resid. mm court; husb appeals @ sessn court, sessn 5000/- pm & reside with hubby! Wife taken back all her jeweler etc; When case comes up t MM court, wife absent at MM court (drags case), wife's main aim is to drag the in laws to court , MM court dismisses wife's appln as she is absent, wife goes to HC on criminal appeal , HC has ALL the sympathy for wife's absence and (a) wife's Appeal is allowed (b) Acquittal order passed by the trial Court is set aside (c) The matter is remitted back to the learned XV Metropolitan Magistrate, George Town, Chennai (trial court) …basically give one more chance to wife !!!! (d) Hc directs that Husband and wife to appear on all dates (e) wife’s in-laws to attend court !! (f) The learned XV Metropolitan Magistrate, George Town, Chennai. directed to dispose of matter within a period of 45 days from the date of HC order , conduct case if necessary on day to day basis.

Wife files DV; gets 25000 p.m. + resid. mm court; husb appeals @ sessn court, sessn 5000/- pm & reside with hubby! Wife taken back all her jeweler etc; When case comes up t MM court, wife absent at MM court (drags case), wife's main aim is to drag the in laws to court , MM court dismisses wife's appln as she is absent, wife goes to HC on criminal appeal , HC has ALL the sympathy for wife's absence and (a) wife's Appeal is allowed (b) Acquittal order passed by the trial Court is set aside (c) The matter is remitted back to the learned XV Metropolitan Magistrate, George Town, Chennai (trial court)  …basically give one more chance to wife !!!! (d) Hc directs that Husband and wife to appear on all dates (e) wife's in-laws to attend court !! (f) The learned XV Metropolitan Magistrate, George Town, Chennai. directed to dispose  of matter within a period of 45 days from the date of HC order , conduct case if necessary on day to day basis.

 

 

 

 

 

 

                IN THE HIGH COURT OF JUDICATURE AT MADRAS

 

DATED:25.06.2012

 

CORAM:

                                                                                   

THE HONOURABLE MS. JUSTICE R. MALA

 

Criminal Appeal No.709 of 2010

 

 

K.Niranjani                                           .. Appellant/Complainant

                                                               

 

v.      

 

1.R.T.Dinesh

2.R.T.Giri

3.T.Amsa                                              .. Respondents

                                                

Prayer:Criminal appeal filed under Section 378 of Cr.P.C., against the judgment dated 19.10.2010, in M.P.No.5872 of 2010 in D.V.C.No.1 of 2010, on the file of the learned XV Metropolitan Magistrate, George Town, Chennai.

 

            For Appellant             : Mr.P.Ezhil Nilavan

     

            For Respondents                 : Mr.S.V.Vijay Prashanth

 

 

           J U D G M E N T      

           

 This appeal arises out of the judgment of dismissal dated 19.10.2010, in M.P.No.5872 of 2010 in D.V.A.C.No.1 of 2010, on the file of the learned XV Metropolitan Magistrate, George Town, Chennai, stating that on the absence of complainant, the complaint has been dismissed and the accused were acquitted.

 

completed order uploaded here

https://docs.google.com/file/d/0B-JZGIVy-RW5LVdrY0NobGlZams/edit?usp=sharing