MUKESH JAIN Vs. KAUSHALYA

JUDGEMENT

(1.) This Civil Revision Petition seeks to quash D.V.C. No.21 of 2014 on the file of the XVI Metropolitan Magistrate, George Town, Chennai. The Petitioners before me are the husband and brothers-in-law of the Respondent.

(2.) The fact that the First Petitioner and the sole Respondent were married on 17/5/1995 is not in dispute. It is also not in dispute that they were living in a shared household in Jodhpur. The cause of action for the Complaint in D.V.C. No.21 of 2014 is that on 7/4/2014, the Petitioners herein had assaulted the Respondent by slapping her. According to the domestic incident report filed under Sec. 9(b) and Sec. 37(2)(c) of the Protection of Women from Domestic Violence Act, 2005, there was a physical injury that was caused to the Respondent by the husband and the brothers-in-law on account of the 'slapping', and there was also mental harassment of the Respondent by the Petitioners as they used abusive language at her. The domestic incident report was forwarded to the jurisdictional Magistrate viz., XVI Metropolitan Magistrate, George Town, Chennai, who took the matter on file as D.V.C. No.21 of 2014. To quash the said proceedings, the present revision arises before me.

(3.) Mr. M.K. Kabir, learned Senior Counsel representing Ms. Revathi G. Mohan would submits that the following facts would support the quash of the proceedings. They are: