Dismissed

Raju, Aged 71 Years v. S.Juliet, Aged 28 Years

Madras HC16 Mar 2022CRL OP/21323/2016

Case brief

AI extract

What is this about?

The High Court, Madras dismissed two Criminal Original Petitions filed to quash Domestic Violence Act proceedings under Section 482 Cr.P.C., following the precedent set in P. Pathmanathan v. V. Monica, which held such petitions unmaintainable.

What did the court decide?

The Criminal Original Petitions filed to call for records and quash Domestic Violence Act proceedings were dismissed as not maintainable.

Raju, Aged 71 Years Vs S.Juliet, Aged 28 Years — Domestic Violence | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 16.03.2022

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CORAM

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THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN CRL.O.P.Nos.21323 & 23458 of 2016

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In Crl.O.P.No.21323 of 2016

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1.Raju 2.Vasantha

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...Petitioners/Respondents 5 & 6 in Crl.O.P. 21323 of 2016

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In Crl.O.P.No.23458 of 2016

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Dhanapal

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...Petitioner/Respondent 4 in Crl.O.P in 23458 of 2016

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Vs.

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In Both Crl.O.P.'s

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S.Juliet ...Respondent/Complainant in both Crl.O.P's

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Prayer in Both Crl.O.P.'s:- Criminal Original Petitions are filed under Section 482 of Code of Criminal Procedure, to call for the records in D.V.C.No.45 of 2016, pending on the file of the learned Judicial Magistrate, Additional Mahila Court, Salem, and quash the same.

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In Both Crl.O.P.'s:-

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For Petitioners : NA For Respondents : Mr.T.Mohanraj for Mr.R.Nalliyappan

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ORDER

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Both these petitions have been filed to call for records in D.V.C.No.45 of 2016, pending on the file of the learned Judicial Magistrate, Additional Mahila Court, Salem, and quash the same.

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https://hcservices.ecourts.gov.in/hcservices/

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2.There was no representation for the petitioners during previous hearing and both the cases are ordered to be posted for dismissal today. When the matter was taken up in the morning, learned counsel for the petitioners requested for pass over. When the matter was taken at 4.15 p.m and again at 4.30 p.m, there was no representation for the petitioner. This Court in the judgment reported in 2021 1 L.W. 289 P.Pathmanathan and others Vs. V.Monica and Others held that petition under Section 482 Cr.P.C. cannot be maintained for quashing the proceedings under Domestic Violence Act, 2005.

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3.Following order reported in 2021 1 L.W. 289 P.Pathmanathan and others Vs. V.Monica and Others, this Court finds that both the Criminal Original Petitions in CRL.O.P.Nos.21323 & 23458 of 2016 are not maintainable and dismissed accordingly.

Sd/-

Assistant Registrar

//True Copy//

Sub Assistant Registrar

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The Judicial Magistrate, Additional Mahila Court, Salem.

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CRL.O.P.Nos.21323 & 23458 of 2016

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SRA (CO) PR (01/04/2022)

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https://hcservices.ecourts.gov.in/hcservices/

Raju, Aged 71 Years v. S.Juliet, Aged 28 Years

Case brief

What is this about?

What did the court decide?

Raju, Aged 71 Years v. S.Juliet, Aged 28 Years

Case brief

What is this about?

What did the court decide?

What the court decided

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