The Court held that a petition to quash filed under Section 482 Cr.P.C against orders in Domestic Violence Act cases is not maintainable, following a specific batch judgment from January 2021, and dismissed the Criminal Original Petition.
The Criminal Original Petition No.23902 of 2016 was dismissed.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.03.2022
CORAM
THE HONOURABLE THIRU JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.23902 of 2016 and Crl.M.P.No.11362 of 2016
Kalpana Devi
... Petitioner
vs
Pa.Sureda ... Respondent
Criminal Original Petition filed under Section 482 of Cr.P.C to call for the records in D.V.C.No.10 of 2016 on the file of Judicial Magistrate No.II, Puducherry and quash the same.
For Petitioner : Mr.G.Mohanakrishnan
For respondent : Mr.C.D.Johnson
O R D E R
This Criminal Original Petition is filed to call for the records pertaining to D.V.C.10 of 2016 pending on the file of the Judicial Magistrate No.II, Puducherry and quash the same.
the Crl.O.P.No.23902 of 2016. Consequently, connected miscellaneous petition is closed.
Sd/Assistant Registrar(CS-VII)
//True Copy//
Sub Assistant Registrar
sr
To
The Judicial Magistrate No.II, Puducherry
+1cc to Mr.G.Mohanakrishnan, Advocate, S.R.No.14224
Crl.O.P.No.23902 of 2016
GMR(CO) SU(16/03/2022)
1 issue framed by the court
Whether a petition to quash filed under Section 482 Cr.P.C is maintainable against orders made under the Domestic Violence Act.
Colour shows how this judgement treated each authority
P.Pathmanathan and others vs V. Monica and othersRelied on¶16
(2021) 2 CTC 57 (P.Pathmanathan and others vs V. Monica and others)
1 provisions across 1 enactments
Kalpana Devi
Pa.Sureda
G.CHANDRASEKHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
