High Court dismissed a Criminal Original Petition filed under Section 482 Cr.P.C. to quash a Domestic Violence Act case. Relying on precedent establishing non-maintainability of such petitions in DV matters, the Court held the plea untenable.
Crl.O.P. dismissed; connected Miscellaneous Petitions closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.02.2022
CORAM
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.21421 of 2015 and M.P.Nos.1 and 3 of 2015
Sunitha Surana ... Respondent
This Criminal Original Petition is filed under Section 482 Cr.P.C. to call for the records pertaining to the D.V.Case No.23 of 2013 pending on the file of the Judicial Magistrate, Ambattur and quash the same.
For Petitioners : Mr.R.Sankarappan
ORDER
This Criminal Original Petition is filed to call for the records pertaining to D.V.Case No.23 of 2013 pending on the file of the Judicial Magistrate, Ambattur and quash the same.
Sd/-
Assistant Registrar(CS IX)
//True Copy//
Sub Assistant Registrar
mra
To
The Judicial Magistrate, Ambattur.
Crl.O.P.No.21421 of 2015 and M.P.Nos.1 and 3 of 2015
GSM[co] NSK 10/03/2022
2 issues framed by the court
Whether a petition for quashing under Section 482 Cr.P.C. is maintainable in a case filed under the Domestic Violence Act.
Whether the High Court has jurisdiction to entertain a petition for quashing under Section 482 Cr.P.C. for domestic violence cases.
Colour shows how this judgement treated each authority
P. Pathmanathan and others vs. V. Monica and othersApplied¶29
(2021) 2 CTC 57 (P.Pathmanathan and others..vs.. V.Monica and others)
1 provisions across 1 enactments
Dinesh Kumar Surana
Sunitha Surana
G. Chandrasekharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
