(1.) This Criminal Original Petition has been filed seeking the relief to call for the records in M.C.No.10 of 2015 on the file of the Judicial Magistrate Court, Theni and quash the same as illegal.
(2.) The case of the petitioners are that the respondent / complainant is the daughter~in~law of the first petitioner. The second petitioner is the wife of the first petitioner, the third and fifth petitioners are the sons of the first petitioner, fourth and sixth petitioners are the wives of the third and fifth petitioners respectively. The respondent got married on 19.02.2014 with one Samarasam, who is none other than the one of the son of the first petitioner. At the time of marriage, the said Samarasam was working as an employee in A.T.K. Mills, Theni. Further, the first petitioner had did everything for the matrimonial life of the respondent / complainant. The complainant and the said Samarasam lead a separate matrimonial life in the matrimonial home lonely. After three months of the matrimonial life, the complainant scolded and ill~treated the said Samarasam without any reasonable cause and at last, the complainant had quarreled with him and left the matrimonial home and started to live with their parents. At that time, the complainant had conceived and Valaikappu function was performed without informing and inviting the said Samarasam and his family members i.e. the petitioners. By this act, the said Samarasam was totally upset and had committed suicide on 03.09.2014.
(3.) After the evil event of suicide of the said Samarasam, the respondent had tried to take revenge on the petitioners, hence the complainant with her family members came to the petitioners- house and assaulted them with deadly weapons and hence, the fifth petitioner had lodged a complaint before the Superintendent of Police, Theni on 05.09.2014, for which the Inspector of Police, Theni, did not take any action against the respondent / complainant. On the other hand, the Inspector of Police, Theni, had registered a case against the petitioners in Crime No.387 of 2014, based on the complaint given by the respondent/complainant and thereafter, again the respondent / complainant filed the present petition against the petitioners, under Section 12 of the Protection of Women from Domestic Violence Act, 2005 in M.C.No.10 of 2015, and it is still pending before the Judicial Magistrate Court, Theni. Accordingly, the petitioners pray to quash the proceedings initiated in M.C.No.10 of 2015, on the file of the Judicial Magistrate Court, Theni.