The High Court dismissed a petition seeking to quash a domestic violence complaint. It held that the Magistrate must inquire into the allegations under the DV Act and that Section 482 jurisdiction was not attracted at that stage.
Dismissal of the Criminal Original Petition seeking to quash the Domestic Violence complaint.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 16/12/2021
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl. O.P. No.26261 of 2017 and Crl.M.P.Nos.15131 and 15132 of 2017
M. Sathiyavani ... Respondent
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to M.C.No.20 of 2014, on the file of the learned Judicial Magistrate No.I, Vellore and quash the same.
O R D E R
This Criminal Original Petition has been filed to quash M.C.No.20 of 2014, pending on the file of the learned Judicial Magistrate No.I, Vellore.
Sd/Assistant Registrar(CS-IV)
//True Copy//
Sub Assistant Registrar
mvs
To
+1cc to Mr.Durai Gunasekaran, Advocate, S.R.No.67382
Crl. O.P. No.26261 of 2017
GSM(CO) SU(05/01/2022)
3 issues framed by the court
Whether the High Court can invoke suo motuo jurisdiction under Section 482 Cr.P.C. to quash a complaint under the Protection of Women from Domestic Violence Act, 2005 at the instance of the Magistrate
Whether the balance of convenience favors quashing the complaint filed under Section 12, 18, 19, 20 and 22 of the DV Act.
Whether the intervention of the Magistrate is required to determine domestic violence allegations before quashing the petition.
2 provisions across 2 enactments
M. Elaya Perumal
M. Sathiyavani
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
