Petitioners sought quashing of domestic violence proceedings under Section 482 CrPC. Following the Full Bench ruling in Arul Daniel v. Suganya that such petitions are not maintainable, conceded by counsel, the court disposed of the petition with liberty to approach the appropriate forum.
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Crl.O.P.(MD).No.14401 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.03.2024
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
Crl.O.P.(MD).No.14401 of 2020 and Crl.M.P.(MD).Nos.6736 and 6737 of 2020
1.Ravitha
2.Ashok Anand
3.Chella Nadachi ... Petitioners/Respondents 3, 4 & 5
Vs.
S.Suganaya
... Respondent/Petitioner
PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the case in D.V.O.P.No.13 of 2020 on the file of the Additional Mahila Judge, Nagercoil and quash the same by allowing this Criminal Original Petition.
For Petitioners : Mr.P.Samuel Gunasingh For Respondent : Mr.G.M.Xavier
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Crl.O.P.(MD).No.14401 of 2020
ORDER
The instant Criminal Original Petition has been filed by the petitioners to quash the proceedings in D.V.O.P.No.13 of 2020 pending on the file of the learned Additional Mahila Judge, Nagercoil.
in view of the judgment of the Hon'ble Full Bench of this Court, the present petition filed under Section 482 CrPC to quash DVOP proceedings is not maintainable, which factum was fairly conceded by the learned counsel for the petitioners.
liberty to the petitioners to file appropriate petition before the appropriate
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Crl.O.P.(MD).No.14401 of 2020
forum in terms of the judgment of the Hon'ble Full Bench of this Court. Consequently, connected miscellaneous petitions are closed.
06.03.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No Lm
To
The Additional Mahila Court, Nagercoil.
Page 3 of 4
Crl.O.P.(MD).No.14401 of 2020
C.KUMARAPPAN,J.
Lm
Crl.O.P.(MD).No.14401 of 2020
06.03.2024
Page 4 of 4
1 issue framed by the court
Whether a petition under Section 482 CrPC is maintainable to quash DVOP proceedings under the Domestic Violence Act.
Colour shows how this judgement treated each authority
Arul Daniel Vs. SuganyaRelied on¶3
(2022) 4 MLJ (Crl) 561
1 provisions across 1 enactments
Ravitha
Ashok Anand
Chella Nadachi
S.Suganaya
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
