Madhu vs Elavarasi
2023 Latest Caselaw 2167 Mad

                                                                              Crl.O.P.No.27849 of 2019




                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 09.03.2023

                                                      CORAM

                                  THE HONOURABLE MR. JUSTICE SUNDER MOHAN
                                              Crl.O.P.No.27849 of 2019
                                                        and
                                         Crl.M.P. Nos.14830 & 14831 of 2019

                     1. Madhu
                     2.Mariamal
                     3.Shanthi
                     4.Jothika
                     5.Perumal
                     6.Shenbagam
                                                                              ... Petitioners

                                                         Vs.
                     1.Elavarasi                                              ... Respondent


                     PRAYER: Criminal Original Petition filed under Section 482 of the

                     Criminal Procedure Code seeking to call for the records of the Domestic

                     Violence Original Petition 2 of 2019 on the file of the Judicial Magistrate,

                     Pappireddipatty, Dharmapuri District and quash the same as against the

                     petitioner.




                     1/4
https://www.mhc.tn.gov.in/judis
                                                                                     Crl.O.P.No.27849 of 2019




                                        For Petitioner            : No Appearance
                                        For Respondents          : Not ready in notice.




                                                            ORDER

This Criminal Original Petition has been filed to quash the

proceedings in D.V.O.P. No.2 of 2019 on the file of the Judicial Magistrate,

Pappireddipatty, Dharmapuri District.

2. The petitioners have challenged the Proceedings initiated under the

Domestic Violence Act under Section 482 of Cr.P.C. 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.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.27849 of 2019

3. Hence, this Criminal Original Petition is dismissed, giving liberty

to the petitioners to pursue their remedy in accordance with law.

Consequently, the connected Miscellaneous Petitions are closed.

                                                                                              09.03.2023

                     Index        : Yes/No
                     Internet     : Yes/No
                     Neutral Citation :Yes/No
                     shr


                     To

The Judicial Magistrate, Pappireddipatty, Dharmapuri District.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.27849 of 2019

SUNDER MOHAN. J,

shr

Crl.O.P.No.27849 of 2019 and Crl.M.P. Nos.14830 & 14831 of 2019

09.03.2023

https://www.mhc.tn.gov.in/judis