Dismissed

S.Rajesh, Aged 28 Years v. Mrs.C.Sowmya

Madras HC1 Apr 2022CRL OP/27416/2016

Case brief

AI extract

What is this about?

The High Court at Madras rejected a petition filed under Section 482 Cr.P.C. seeking to quash domestic violence proceedings. Relying on 2021 1 L.W. 289, the court held such petitions are non-maintainable. The matter was dismissed due to lack of petitioner representation.

What did the court decide?

Petition under Section 482 Cr.P.C. dismissed as non-maintainable; connected M.Ps. closed.

S.Rajesh, Aged 28 Years Vs Mrs.C.Sowmya — Domestic Violence | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 01.04.2022

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CORAM

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THE HON'BLE MR.JUSTICE G.CHANDRASEKHARAN

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CRL.O.P.NO.27416 OF 2016

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AND

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CRL.M.P.NOS.13955 & 13956 OF 2016

1. S.Rajesh

2. S.Shanthi

3. Sandhya

4. Boopathy

... Petitioners

.Vs.

C. Sowmya

... Respondent

PRAYER:-

Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to D.V.M.C.No.16 of 2016 on the file of the Judicial Magistrate-1, Vellore and to quash the same.

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For Petitioner : No Appearance

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For Respondent : No Appearance

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O R D E R

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This petition is filed to call for the records in D.V.M.C.No.16 of 2016 on the file of the Judicial Magistrate-1, Vellore and to quash the same.

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2. It is seen from the previous date proceedings order that there was no representation for the petitioner from 23.01.2017 and again when the matter was posted subsequently, on 09.03.2021, 17.03.2022 and 25.03.2022. This matter was specifically posted under the caption 'for dismissal'. Today also there is no representation for the petitioner. This Court

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

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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 the criminal original petition is not maintainable and dismissed accordingly. Consequently, connected miscellaneous petitions are closed.

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Sd/Assistant Registrar(CS VI)

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//True Copy//

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Sub Assistant Registrar

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The Judicial Magistrate No.I, Vellore.

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CRL.O.P.NO.27416 OF 2016 AND CRL.M.P.NOS.13955 & 13956 OF 2016

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PMK(CO)

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PBS/27/04/2022

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

S.Rajesh, Aged 28 Years v. Mrs.C.Sowmya

Case brief

What is this about?

What did the court decide?

S.Rajesh, Aged 28 Years v. Mrs.C.Sowmya

Case brief

What is this about?

What did the court decide?

What the court decided

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