- (1.)THIS petition has been filed under Section 482 Criminal Procedure Code to to call for the records of D.V.A.No.10 of 2013 on the file Judicial Magistrate No.VII, Coimbatore and quash the same.
(2.)PETITIONERS who are the respondents 2 and 3 in case pending in D.V.A.No.10 of 2013 on the file of VII Judicial Magistrate, Coimbatore, seeks to quash all the proceedings as against them.
Learned counsel for petitioners submits that the proceedings in D.V.A.No.10 of 2013 are pending pursuant to a petition filed under Section 12 of Domestic Violence Act. First and second petitioners are husband and wife. Such petitioners as also the second respondent/ brother of the first petitioner are accused of acts of Domestic Violence in the complaint preferred by the first respondent. Learned counsel for petitioners submits that even as per complaint of the first respondent, she and her husband the second respondent were sent out of the family home in 2005. The complaint further informs that the first respondent and her husband/A1 left the first respondent's parents house and even thereafter illtreatment and torture by her husband continued. While admittedly the first respondent and her husband/A1 have been living separately since 2005, a complaint stands registered in the year 2012 making wild allegations against the petitioners and of their having committed acts of domestic violence against the complainant/first respondent upto 2005.

(3.)LEARNED counsel would submit that it was pertinent to note the Domestic Incident Report of Social Welfare Office, Coimbatore dated 17.12.2012, informs of acts of domestic violence having been committed only by the husband of the complainant/first respondent. There has been no domestic relationship between the petitioners and the first respondents family since 2005. The petitioners could not be now called to answer charges of domestic violence under the complaint dated 11.10.2012.