NIZAR AHAMED AND OTHERS Vs. MRS. BAZIRA BEGAUM

JUDGEMENT

(1.) This Criminal Original Petition is filed to call for the records in C.C.No.250 of 2010 on the file of the Judicial Magistrate Court No.I, Thiruvallur and quash the same.

(2.) The petitioners herein are the father-in-law and mother-inlaw of the respondent, who have preferred a complaint to the Protection Officer, Tiruvallur. Thereafter, a domestic incident report has been forwarded to the Judicial Magistrate No.I, Tiruvallur, who had taken the same on file under Sections 18, 19 and 22 of under the Protection of Women from Domestic Violence Act (DV Act) in C.C.No.250 of 2010 against which the above Quash petition has been filed.

(3.) This Court on perusal of the adjudication finds that the respondent has not appeared despite receipt of private notice dated 29.09.2010, for which the proof of service has been filed, thereafter, also she failed to appear. On 23.03.2017, another private notice was taken, which was returned with the endorsement "Information Delivered". This Court had sought a report from the Judicial Magistrate No.I, Tiruvallur, who by report dated 03.08.2017. From the report, it is found that the respondent has not been appearing before the lower Court despite receipt of notice from the lower Court. The name of the respondent has been printed in the cause list, thereafter also, there is no appearance for the respondent. Hence, this Court propose to proceed on the merits of the case as adjourning the case without any progress would serve no purpose.