This Special Leave Petition petition filed under Section 482 Cr.P.C. to quash proceedings under the Domestic Violence Act was dismissed as not maintainable, relying on 2021 1 L.W.289, due to lack of representation and pendency since 2016.
The Criminal Original Petition and connected miscellaneous petitions were dismissed and 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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.04.2022
CORAM:
THE HON'BLE MR.JUSTICE G.CHANDRASEKHARAN
CRL.O.P.No.26059 of 2016 and
Crl.M.P.Nos.12929, 12930, 13663 of 2016 & 9293 of 2018
1.A.Shabeer Basha 2.Ameer Bashaa
3.A.Naseera 4.A.Shathik Basha 5.A.Imthiyas 6.M.Bhaaneer Khan ...Petitioners/Accused 1 to 6
Vs.
Sabana ...Respondent/Complainant
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records comprised in DVC No.138/2016 on the file of the Addl.Magila Court, Chennai, Allikulam Complex and quash the same.
For Petitioners : No appearance For Respondent : Mr.R.Thanigai Arasu
ORDER
This Criminal Original Petition has been filed to call for the records in DVC No.138/2016, on the file of the Addl.Magila Court, Allikulam Complex, Chennai and quash the same.
2. There was no representation for the petitioners in the last hearing, therefore, the matter was posted today (04.04.2022) under the caption 'for dismissal'. Today also there is no representation for the petitioners. The learned counsel for the respondent is present and he submits that there is no instruction from the respondent.
3. 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. Considering the fact that there is no representation for the https://hcservices.ecourts.gov.in/hcservices/ petitioners and the matter is pending from the year 2016 and
also following the order reported in 2021 1 L.W. 289 P.Pathmanathan and others Vs. V.Monica and Others, this Court finds that this Criminal Original Petition is not maintainable and dismissed accordingly. Consequently, connected miscellaneous petitions are also closed.
Sd/-
Assistant Registrar (CS-VIII)
//True Copy//
Sub Assistant Registrar
sli
To
The Addl.Magila Court, Allikulam, Complex, Chennai.
CRL.O.P.No.26059 of 2016
SJ (CO) PR (19/04/2022)
1 issue framed by the court
Whether a Criminal Original Petition under Section 482 Cr.P.C. is maintainable to quash proceedings under the Domestic Violence Act, 2005.
Colour shows how this judgement treated each authority
P. Pathmanathan and others Vs. V. Monica and OthersFollowed¶16
2021 1 L.W.289 P.Pathmanathan and others Vs. V.Monica and Others
1 provisions across 1 enactments
A. Shabeer Basha
Ameer Bashaa
A. Naseera
A. Shathik Basha
A. Imthiyas
M. Bhaaneer Khan
G. Chandrasekharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
G. Chandrasekharan
Parties & counsel
