Manoj, v. Sivakami
Case brief
What is this about?
Manoj and others moved the Madras High Court under Section 482 Cr.P.C. seeking quashment of proceedings in a Section 12 Domestic Violence Act petition. The Court held that penal provisions do not apply and quashing was inappropriate, dismissing the Petition.
What did the court decide?
Quashing of proceedings in D.A.V.No.15 of 2017 refused and Connected Criminal Miscellaneous Petitions closed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 22/12/2021
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl.M.P.Nos.16561 and 16562 of 2017
- Manoj
- Ponnappan
- Maniammal
- Manees
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to the proceedings in D.A.V.No.15 of 2017 on the file of the Judicial Magistrate No.III, Erode and quash the same.
This Criminal Original Petition has been filed to quash the proceedings in D.A.V.No.15 of 2017 on the file of the Judicial Magistrate No.III, Erode.
- Heard the learned counsel appearing on either side and perused the materials available on record.
- As the petition is filed under Section 12 of the Domestic Violence Act, invoking penal provision does not arise at all and only the Magistrate has to find out any Domestic Violence has been committed or not. In such a view of the matter, this Court is not inclined to entertain this Criminal Original
Issues for consideration
2 issues framed by the court
Whether the Court should entertain a Criminal Original Petition filed under Section 482 Cr.P.C. to quash proceedings involving a Section 12 Domestic Violence Act petition.
Whether invocation of penal provisions is necessary for proceedings under Section 12 of the Domestic Violence Act.
Parties & counsel
- petitioner
Manoj
- petitioner
Ponnappan
- petitioner
Maniammal
- petitioner
Manees
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court