Madras High Court
C.G.Vignesh vs M.Anitha on 23 August, 2021
Crl.O.P.(MD)No.11924 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.11924 of 2021
C.G.Vignesh ... Petitioner
Vs.
M.Anitha ...Respondent
PRAYER : Criminal Original Petition is filed under Section 482 of
Cr.P.C, to direct the learned Judicial Magistrate, Aruppukkottai to
conclude the trial in D.V.C.No.14 of 2018, on the file of the learned
Judicial Magistrate, Aruppukkottai and dispose the same in accordance
with law within the time frame that may be stipulated by this Court.
For Petitioner : Mr.V.Sasikumar
ORDER
This petition has been filed to direct the learned Judicial
Magistrate, Aruppukkottai to conclude the trial in D.V.C.No.14 of 2018,
on the file of the learned Judicial Magistrate, Aruppukkottai and dispose
the same in accordance with law within the time frame that may be
stipulated by this Court.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.11924 of 2021
2.The learned counsel for the petitioner would submit that
the petitioner is the respondent in D.V.C.No.14 of 2018, which was filed
by the respondent herein before the concerned Court seeking relief under
Sections 18, 19, 20 and 22 of Protection of Women from Domestic
Violence Act,2005. Interim maintenance was also ordered in Cr.MP.No.
6467 of 2018. The petitioner is also complying with the condition till
now, whereas the respondent is not co-operating to complete the
proceedings. Hence, this petition.
2.It is brought to the notice of this Court the issue in this
petition has already been resolved in the judgment of co-ordinate bench
of this Court in a batch of Criminal Original petitions dated 18.01.2021,
Crl.OP.Nos.28458 of 2019 etc., batch.
3. On perusal of the aforesaid order, it came to the light that
after a detailed consideration of the entire law on this point the Court has
held that the petition filed by the aggrieved person under Section 12 of
the Domestic Violence Act, 2005, is only a civil proceedings and not a
criminal proceedings and the aggrieved person is entitled to pursue his
remedy as provided under the Act and since it has been taken as a civil
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.11924 of 2021
proceedings, even though, filed before the Judicial Magistrate of the first
Class, power under Section 482 Cr.P.C cannot be invoked to quash the
same. If at all only power under Article 227 can be invoked. That too
when an extraordinary case is made out, involving jurisdictional error
and causing of manifest or substantial injustice. In the concluding portion
of the order, it has been observed in paragraphs 53 and 54 are as
follows:-
“53.In the result, these petitions under Section 482
Cr.P.C., are not maintainable, and will accordingly stand
dismissed. The petitioners will be at liberty to approach
the Magistrate, and work out their remedies in
accordance with the directions laid down, supra. The
Magistrates shall endeavour to complete the proceedings
within a period of three months from the date of receipt
of a copy of this order.
54.The Registry is directed to circulate a copy of
this order to the Principal District and Sessions Judges
in the State, who in turn, will do the needful to bring the
directions laid down in this order to the notice of the
Judicial Magistrates, in their respective Sessions
Divisions, for proper disposal of the applications filed
under Section 12 of the D.V.Act.”
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Crl.O.P.(MD)No.11924 of 2021
4. The above order is squarely applicable to the present
factual circumstances of the case. In view of the above, this petition will
not lie and the parties shall work out their remedies as provided under the
Act as observed and directed in the above said judgment.
5.With the above observation, this petition stands allowed
and the learned Judicial Magistrate, Aruppukottai is directed to comply
with the direction passed in the above said order and dispose of the case
in D.V.C.No.14 of 2018 within three months from the date of receipt of a
copy of this order. Compliance report should be submitted to the
Registry of this Court.
23.08.2021
Index : Yes/No
Internet : Yes/No
vrn
Note : In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The Judicial Magistrate, Aruppukkottai
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.11924 of 2021
G.ILANGOVAN. J.
vrn
Crl.O.P.(MD)No.11924 of 2020
23.08.2021
https://www.mhc.tn.gov.in/judis/
