The High Court of Madras dismissed a Criminal Original Petition challenging domestic violence proceedings, holding the petition not maintainable citing a recent Larger Bench judgment.
Criminal Original Petition dismissed; connected miscellaneous petition 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.11594 of 2016 and Crl.M.P.No.5885 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.11594 of 2016 and Crl.M.P.No.5885 of 2016
1.Mrs.Philomina
4.Mrs.A.Rosaline
...Petitioners
Versus
Mrs.J.Charu
... Respondent
PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for records in DV.No.1 of 2016 on the file of Judicial Magistrate, Ambattur and quash the same.
For Petitioners : No Appearance For Respondent : No Appearance
Page 1 of 4
Crl.O.P.No.11594 of 2016 and Crl.M.P.No.5885 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.11594 of 2016 and Crl.M.P.No.5885 of 2016
To The Judicial Magistrate Ambattur.
Page 3 of 4
Crl.O.P.No.11594 of 2016 and Crl.M.P.No.5885 of 2016
SUNDER MOHAN, J.
dk
Crl.O.P.No.11594 of 2016 and Crl.M.P.No.5885 of 2016
21.11.2022
Page 4 of 4
1 issue framed by the court
Whether a petition under Section 482 of Cr.P.C is maintainable against proceedings under the Domestic Violence Act.
Colour shows how this judgement treated each authority
Arul Daniel vs. SuganyaDistinguished¶22
Crl.O.P.No.SR No.31852 of 2022
1 provisions across 1 enactments
Mrs.Philomina, Mr.Charles, Mrs.C.Jerina, Mrs.A.Rosaline
Mrs.J.Charu
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
