V.Elanchezhian vs Suganya
2024 Latest Caselaw 20151 Mad

Madras High Court

V.Elanchezhian vs Suganya on 24 October, 2024

                                                                                 CRP. No. 4308 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 24.10.2024

                                                         CORAM

                         THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN

                                                 CRP. No. 4308 of 2024 &
                                                  CMP.No.23933 of 2024

                   1.V.Elanchezhian
                   2.E.Mahalakshmi                          ... Petitioners

                                                            V.

                   1.Vinothini
                   2.Senthilnathan                          ... Respondents



                   PRAYER:            Civil Revision Petition filed under Article 227 of the
                   Constitution of India to strike off the names of the petitioners herein relating
                   to the complaint in DVA. No.20 of 2024 on the file of the Judicial Magistrate
                   No.2, Pollachi.


                                    For Petitioner     :Mr.V.Nicholas


                                                        ORDER

This Civil Revision Petition seeks to quash the domestic violence

complaint instituted in D.V.C.No.20 of 2024 on the file of the Judicial

Magistrate No.2, Pollachi.

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

2. The Full Bench of this Court in Arul Daniel and Others Vs.

Suganya, (2022 [6] CTC 833) has laid down that if a person is aggrieved by

the initiation of proceedings under the Domestic Violence Act, the

appropriate remedy is only to approach the very same Court which deals with

the Domestic Violence complaint and file an application for strike off. The

Full Bench further held that if the strike off petition goes against the

applicant, the remedy is to prefer an appeal against the said order before the

jurisdictional sessions Court. In an unfortunate event, the Sessions Court also

goes against the applicant, the remedy is available under Article 227 of the

Constitution of India. The Full Bench in clear and categoric terms held that

unless and until the learned Magistrate lacks inherent jurisdiction, a petition

under Article 227 of the Constitution of India should not be ordinarily

entertained.

3. The parties are the father-in-law and mother-in-law of the first

respondent. Therefore, considering the age and relationship between the

petitioners and the first respondent, their appearance before the learned

Judicial Magistrate No.2, Pollachi is dispensed with. They shall be

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

represented by a counsel on all date of hearing. They shall appear when so

directed by the Magistrate or when their appearance is indispensable.

4. In the light of the above judgment of the Full Bench, this civil

revision petition stands dismissed. No costs. Consequently, the connected

miscellaneous petition is closed.

                                                                                       24.10.2024

                   nl

                   Index : Yes / No
                   Speaking order : Yes / No
                   NCC            : Yes / No


                   To

1. The Judicial Magistrate No.2, Pollachi.

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

V.LAKSHMINARAYANAN, J.,

nl

24.10.2024

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