Madras High Court

CRL OP(MD)/19828/2026 of V. Prabhu Vs P. Sangeetha on 12 October 2026

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CRL OP(MD) No. 19828 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 12-10-2026

CORAM

THE HON'BLE MR JUSTICE R.VIJAYAKUMAR

CRL OP(MD) No. 19828 of 2026

and

CRL MP(MD) No.18916 of 2026

CNR:{HCMD011244192026}

V. Prabhu

..Petitioner(s)

Vs

1. P. Sangeetha

W/o. Prabhu,

Door No. 4/10,

North Street,

Kaloothu Village,

Usilmapatti Taluk,

Madurai District.

2. Minor. Monasri,

D/o. Prabhu,

Door NO. 4/10,

North Street,

Kaloothu Village,

Usilampatti Taluk,

Madurai District.

(Minor represented through her mother

respondent no.1)

..Respondent(s)

PRAYER: C-45S. To Set Aside the order passed by the Learned Judicial Magistrate No. II, Usilampatti in Crl.M.P. No. 6155 of 2024 dt.

22.04.2025 and thus render justice.

For Petitioner(s):

Mr.S.Vairamuthu

For R1 :

Mr.N.Seduraman

For R2 :

Minor

__________

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CRL OP(MD) No. 19828 of 2026

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ORDER

The present petition has been filed by the respondent in criminal Crl.M.P.No. 6155 of 2024, on the file of Judicial Magistrate No. II, Usilampatti in Crl.M.P. No. 6155 of 2024, seeking to set aside the order of NBW issued by the concerned Court.

2. The petitioner is the respondent in DVC 01 of 2022, wherein he has suffered an ex-parte order on 11.01.2023. Wife / respondent had preferred Crl.M.P.No.6155 of 2024 to enforce the said order. Though the private notice was received by the father of the petitioner herein, the petitioner has not chosen to appear, hence NBW has been issued. Challenging the same, the present petition has been filed.

3. According to the learned counsel appearing for the petitioner, the mode of enforcement of an order passed under the Domestic Violence Act, is the procedure as contemplated under Section 125 of Cr.P.C and therefore, straight away an order of NBW ought not to have been issued. __________

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CRL OP(MD) No. 19828 of 2026

4. At the time of admission, the petitioner was directed to deposit a sum of Rs.1,50,000/- before the learned Judicial Magistrate No. II, Usilampatti on or before 28.09.2026 and the said order has been complied with.

5. Heard the learned counsel appearing for the petitioner and perused the material records of the case.

6. As could be seen from the order impugned, the NBW has been issued only to enforce the appearance of the petitioner herein, and it has not been issued as a mode of enforcement of the order passed in DVC 01 of 2022. However, the petitioner herein has expressed his willingness to appear regularly before the concerned Court and place his defence and in such circumstances, this Court is inclined to pass the following order”-

a) The petitioner is directed to surrender before the concerned Court within a period of 10 days from the date of receipt of copy of this order.

b) On such surrender, the NBW shall be recalled on the same day.

c) The petitioner is directed to cooperate for the trial. __________

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CRL OP(MD) No. 19828 of 2026

d) The respondent / wife shall be permitted to withdraw a sum of Rs.1,50,000/- already deposited by the petitioner herein before learned Judicial Magistrate No. II, Usilampatti

7. With the said observations, the criminal original petition is disposed of. 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rgm __________

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CRL OP(MD) No. 19828 of 2026 To The Judicial Magistrate No. II, Usilampatti __________

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CRL OP(MD) No. 19828 of 2026 R.VIJAYAKUMAR, J. rgm CRL OP(MD) No. 19828 of 2026 12-10-2026 __________

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