The High Court at Madras held that a petition under Section 482 Cr.P.C. challenging proceedings under the Domestic Violence Act is not maintainable, following a recent judgment of a Larger Bench in Arul Daniel vs. Suganya, and dismissed the petition accordingly.
The Criminal Original Petition is dismissed and the connected miscellaneous petition is closed.
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.
Crl.O.P.No.11294 of 2016 and Crl.M.P.No.5795 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.11.2022
CORAM:
THE HON'BLE Mr. JUSTICE SUNDER MOHAN
Crl.O.P.No.11294 of 2016 and Crl.M.P.No.5795 of 2016
1.R.Krishnan
4.Ponnaiaya
...Petitioners
Versus
Vennila
... Respondent
PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records and quash the Proceedings in DVAC.No.8 of 2015 on the file of the Judicial Magistrate No.2, Namakkal.
For Petitioners : M/s.A.Sundaravadhanan For Respondent : No Appearance
Page 1 of 4
Crl.O.P.No.11294 of 2016 and Crl.M.P.No.5795 of 2016
O R D E R
The petitioners have challenged the Proceedings initiated under the Domestic Violence Act under Section 482 of Cr.P.C.
2.A Larger Bench of this Court in a recent Judgment dated 17.11.2022
in Arul Daniel vs. Suganya in Crl.O.P.No.SR No.31852 of 2022 held that a petition under Section 482 Cr.P.C is not maintainable as against the proceedings under the Domestic Violence Act. In view of the said Judgment, the above petition is not maintainable. Hence, the Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.
3.However, it is open to the petitioners to pursue other remedies that
are available to them in law.
21.11.2022
Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order dk
Page 2 of 4
Crl.O.P.No.11294 of 2016 and Crl.M.P.No.5795 of 2016
To The Judicial Magistrate No.2
Namakkal.
Page 3 of 4
Crl.O.P.No.11294 of 2016 and Crl.M.P.No.5795 of 2016
SUNDER MOHAN, J.
dk
Crl.O.P.No.11294 of 2016 and Crl.M.P.No.5795 of 2016
21.11.2022
Page 4 of 4
2 issues framed by the court
Whether a petition under Section 482 of Cr.P.C. is maintainable against proceedings under the Domestic Violence Act.
Whether the current petition should be dismissed in view of the judgment in Arul Daniel vs. Suganya.
Colour shows how this judgement treated each authority
Arul Daniel vs. SuganyaFollowed¶22
_Arul Daniel vs. Suganya_ in _Crl.O.P.No.SR No.31852 of 2022_
R. Krishnan
Kandaiyee
Chellammal
Ponnaiaya
Vennila
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Sunder Mohan
Parties & counsel
