KRISHNA PONNUSWAMY Vs. AMUTHA

JUDGEMENT

(1.) This petition filed under Section 397 read with 401 of Code of Criminal Procedure against the return endorsement made by the learned Judicial Magistrate No. VI, Madurai, Madurai District in Cr.M.P. No. (unnumbered) of 2011 on 06.09.2011 and set aside the same and consequently direct the above said learned Judicial Magistrate to number and dispose of the same in accordance with law.

(2.) The first Respondent is the daughter-in-law of the Petitioner. The second Respondent is the brother of the first Respondent and the third Respondent is the mother and the fourth Respondent is the wife of the second Respondent. On 07.03.1990, marriage was celebrated between the son of this Petitioner and the first Respondent and after their wedlock, they have got two daughters. They were staying in the house belonging to the Petitioner for some time. There was love-lost between the Petitioner's son and the first Respondent resulting in lodging a complaint before the police by the Petitioner. Thereafter, the first Respondent left the matrimonial house.

(3.) On 23.07.2011, the Respondents came to the house of the Petitioner at 01.00 p.m, along with some hooligans and started shouting to create an ugly atmosphere. In the above said circumstances, the Petitioner preferred a petition before the learned Judicial Magistrate No. VI, Madurai, under Section 12 of the Protection of Women from Domestic Violence Act,2005. The said Magistrate returned the petition by stating that the 'respondent' does not come within the purview of the husband of the petitioner. The order challenged before this Court is as follows: