R.Chellamuthu v. Manonmani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN CRL.OP.NO.10142 OF 2015 & MP.NOS.1/2015 & 2538/2017 [VIDEO CONFERENCING] 1.R.Chellamuthu 2.s.K.Rajendran ... Petitioners

Versus

Manonmani ...

Respondent Prayer : - Criminal Original Petition filed under Section 482 of Cr.P.C to call for the records pertaining to MC.No.2/2015 pending on the file of the learned Judicial Magistrate, Dharapuram and quash the same as illegal, incompetent and ultravires by allowing the present criminal original petition. For Petitioners :

Mr.M.Lokesh for Ma.P.Thangavel For Respondent :

Mr.P.Tamilavael

ORDER

(1) A learned Single Judge of this Court in a batch of cases in Crl.O.P.No.28458/2019 etc., batch, [Dr.Padmanathan and Others Vs. Tmt. Monica and Others] vide common order dated 18.01.2021, had very categorically held that any proceedings questioning the pendency of complaints preferred under the Protection of Women from Domestic Violence Act, 2005, should only be preferred as a Civil Revision Petition under Article 227 of the Constitution of India and that the petition under Section 482 of Cr.P.C., would not lie and the same is not maintainable. (2) It is also represented that the parties have entered into a settlement with respect to the issues raised. The same is recorded.

https://hcservices.ecourts.gov.in/hcservices/

(3) Accordingly, the Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petitions stand closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar AP To 1.The Judicial Magistrate Dharapuram.

Crl.OP.No.10142/2015 RP(CO) PM/21/09/2021 https://hcservices.ecourts.gov.in/hcservices/