Madras High Court
B.Ramprakash vs D.M.Priyadharshini on 28 July, 2021
Crl.O.P.(MD)No.14302 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28/07/2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.14302 of 2020 and
Crl.M.P(MD) No.6656 of 2020
1.B.Ramprakash
2.S.Balasubramani
3.M.Vasanthi
4.M.Vijaya
5.M.Vetrivel ... Petitioners/Accused
Vs.
D.M.Priyadharshini ...Respondent
PRAYER : Criminal Original Petition is filed under Section 482 of
Cr.P.C, to call for the records in D.V.O.P.No.14/2019, on the file of the
Judicial Magistrate, Periyakulam, Theni District and quah the same.
For Petitioners : Mr.M.R.Sreenivasan
For Respondent : Mr.K.Vinayakan
ORDER
This petition has been filed seeking quashment of
D.V.O.P.No.14/2019, on the file of the Judicial Magistrate, Periyakulam,
Theni District.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.14302 of 2020
2.When the matter is taken up for hearing, 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
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:-
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.14302 of 2020
“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.”
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 dismissed
and the learned Judicial Magistrate, Periyakulam is directed to comply
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.14302 of 2020
with the direction passed in the above said order. Consequently,
connected miscellaneous petition is closed.
28.07.2021
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, Periyakulam, Theni District
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.14302 of 2020
G.ILANGOVAN. J.
vrn
Crl.O.P.(MD)No.14302 of 2020 and
Crl.M.P(MD) No.6656 of 2020
28.07.2021
https://www.mhc.tn.gov.in/judis/
