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Rule(6)(1) of the Protection of Women from Domestic Violence Rules, 2006 reads as follows: “Every application of the aggrieved person under Section 12 shall be in form II or as nearly as possible thereto.” Every application of the aggrieved person under Section 12 shall be in From II or as nearly as possible. This rule intends that an application of the aggrieved person should be in Form II, but at the same time, it intends that even otherwise, it may be as nearly as possible thereto. Therefore, even assuming that the application is not in the prescribed Form II, it may not affect the proceedings.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.07.2011

CORAM

THE HONOURABLE MR.JUSTICE T.SUDANTHIRAM

Crl.O.P.No.14395 of 2011 &
M.P.Nos.1 & 2 of 2011

1.M.Eswara Gounder,
2.E.Sellammal
3.M.Padmavathi
4.S.Baby .. Petitioners

Vs

1.S.Subathra
2.Minor Kavya
 rep. by his mother guardian 
 S.Subaratha .. Respondents

PRAYER: Criminal Original Petition filed under section 482 of the Criminal Procedure Code praying to call for the records in D.V.A.No.3/2011 on the file of the Judicial Magistrate No.1, Pollachi, Coimbatore District and quash the same.

 For Petitioners : Mr.C.Veeraraghavan

 For Respondents : Mr.M.Mohamed Riyaz,
 Govt. Advocate (Crl.side) for R1

O R D E R

 This petition is filed to quash the Proceedings in D.V.A.No.3/2011 on the file of the Judicial Magistrate No.1, Pollachi, Coimbatore District.

 2. The learned counsel for the petitioners submits that the proceedings in this case in DVA.No.3/2011 before the Judicial Magistrate No.I, Pollachi, Coimbatore District is clearly an abuse of process of law and the application itself not in conformity with Rule 6(1) and Form II and and as such, the learned Magistrate ought not to have entertained the application. 

 3. This Court considered the submissions made by the learned counsel for the petitioners and perused the records.

 4. Rule(6)(1) of the Protection of Women from Domestic Violence Rules, 2006 reads as follows:
 "Every application of the aggrieved person under Section 12 shall be in form II or as nearly as possible thereto." 
Every application of the aggrieved person under Section 12 shall be in From II or as nearly as possible. This rule intends that an application of the aggrieved person should be in Form II, but at the same time, it intends that even otherwise, it may be as nearly as possible thereto. Therefore, even assuming that the application is not in the prescribed Form II, it may not affect the proceedings. 

 5. Hence this petition is dismissed. Consequently, connected miscellaneous petitions are closed. 

jvm

To

1.The Judicial Magistrate No.1, Pollachi, 
 Coimbatore District. 2.The Public Prosecutor,
 High Court, 
 Madras

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