Balraj vs N.Nivitha Sri
2023 Latest Caselaw 12042 Mad

                                                                           Crl.O.P(MD).No.2540 of 2020

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    Dated : 07.09.2023

                                                             CORAM:

                                  THE HONOURABLE MR. JUSTICE P. DHANABAL
                                              Crl.O.P(MD).No.2540 of 2020
                                                          and
                                         Crl.M.P.(MD)Nos.1320 and 1321 of 2020


                 1.Balraj
                 2.Ponnuthai
                 3.Ilakkiya
                 4.Suganya
                 5.Uma Maheswari
                 6.Paranthaman                                                    ...Petitioners

                                                        Vs

                 N.Nivitha Sri                                                    ...Respondent

                 PRAYER: Criminal Original Petition filed under Section 482 of the Code of
                 Criminal Procedure, praying this Court to call for the records relating to the
                 impugned private complaint in Cr.M.P.No.34 of 2019 on the file of the
                 Additional Mahila Court (Judicial Magistrate), Madurai, and quash the same.
                                  For Petitioners              : Mr.K.Appadurai
                                  For Respondent               : Mr.R.Rajamohan

                                                             ORDER

When the matter was taken up today for hearing, the learned counsel

appearing of the respondent represented that this case is pertaining to Section

12 of Protection of Women from Domestic Violence Act and already the

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

Crl.O.P(MD).No.2540 of 2020

P. DHANABAL,J.

Mrn

Hon'ble Full Bench of this Court in reference in the case of Arul Daniel and

Others v. Suganya and others reported in CDJ 2022 MHC 8250, held that as

against Section 12 of Protection of Women from Domestic Violence Act

proceedings before this Court under Section 482 of Cr.P.C., would not lie,

since the matter is civil in nature.

2.In view of the aforesaid judgment, this Criminal Original Petition is

dismissed with liberty to file fresh application before appropriate forum in

accordance with law. Consequently, connected miscellaneous petitions are

closed.

07.09.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No Mrn

To

1.The Judge, Additional Mahila Court (Judicial Magistrate), Madurai.

Crl.O.P(MD).No.2540 of 2020

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