This order dismisses the Criminal Original Petition filed under Section 482 Cr.P.C. to quash proceedings under the Domestic Violence Act, holding it not maintainable based on a recent larger Bench judgment.
Criminal Original Petition dismissed as not maintainable; 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.26839 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.12.2022
CORAM
THE HON'BLE Mr.JUSTICE SUNDER MOHAN
Crl.O.P.No.26839 of 2018 and
Crl.M.P.No.15476 of 2018
1.Radhakrishnan
... Petitioners
-Vs.-
B.Pamila
.. Respondent
Criminal Original Petition filed under Section 482 of Code of Criminal Procedure to call for the records in D.V.A.No.23 of 2018 on the file of the learned Judicial Magistrate No.I, Coimbatore and quash the same.
For Petitioner :No appearance For Respondent :No appearance
1/4
Crl.O.P.No.26839 of 2018
ORDER
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.
02.12.2022
Speaking/Non-speaking order Index: Yes/No Internet : Yes/No nsa
2/4
Crl.O.P.No.26839 of 2018
To
The Judicial Magistrate No.I, Coimbatore
3/4
Crl.O.P.No.26839 of 2018
SUNDER MOHAN.J.,
nsa
Crl.O.P.No.26839 of 2018 and Crl.M.P.No.15476 of 2018
02.12.2022
1 issue framed by the court
Whether a petition under Section 482 Cr.P.C. is maintainable against proceedings initiated under the Domestic Violence Act.
Colour shows how this judgement treated each authority
Arul Daniel vs. SuganyaFollowed¶2
Crl.O.P.No.SR No.31852 of 2022
2 provisions across 2 enactments
Radhakrishnan
B.Pamila
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
SUNDER MOHAN
Parties & counsel
