Gopinath vs Kamatchi
2023 Latest Caselaw 12132 Mad

                                                                              Crl.O.P.(MD).No.10118 of 2020


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED :08.09.2023

                                                         CORAM:

                                   THE HONOURABLE MR. JUSTICE P.DHANABAL

                                               Crl.O.P.(MD).No.10118 of 2020
                                                            and
                                           Crl.M.P(MD) Nos.4698 and 4700 of 2020

                1.Gopinath
                2.Sqaratha
                3.Subramaniyan
                4.Devikha                                                            ... Petitioners

                                                              Vs.

                1.Kamatchi

                2.Minor Sabreeswaran,
                  Rep. through her mother
                  and natural guardian 1st petitioner                            ..Respondents

                PRAYER: This Criminal Original Petition has been filed under Section 482 of
                Criminal Procedure Code, to call for the records in proceedings in D.V.O.P.No.
                4 of 2020 on the file of the learned Judicial Magistrate Court, Thiruvadanai,
                Ramanathapuram District.
                                  For Petitioners   : Mr.S.A.Ajmal Khan
                                  For R-1 & 2       : Mr.N.Pragalatham


                                                        ORDER

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

appearing for the petitioner brought to the knowledge of this Court that the https://www.mhc.tn.gov.in/judis

Crl.O.P.(MD).No.10118 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

against the Protection of Women from Domestic Violence Act, the petition

under Section 482 of Cr.P.C., is not maintainable, 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.

                                                                                    08.09.2023

                Index               : Yes / No
                Internet           : Yes / No
                Mrn

                To

1.The Judicial Magistrate, Thiruvadanai, Ramanathapuram District.

Crl.O.P.(MD).No.10118 of 2020

08.09.2023 https://www.mhc.tn.gov.in/judis