R.Thangaiyan, (A71) v. V.Meena F/35

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.09.2021

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.16142 of 2016 and Crl.M.P.No.7874 of 2016

1. R.Thangaiyan

2. T.Nagammal .. Petitioners/Respondents Vs.

V.Meena .. Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., to quash the Complaint in M.C.No.9 of 2015 on the file of Judicial Magistrate, Thiruvarur.

For Petitioners .. Mr.R.Venkatesh For Respondent .. Mr.E.Raj Thilak Government Advocate (Crl.Side)

ORDER

This petition has been filed to quash the Complaint in M.C.No.9 of 2015 on the file of Judicial Magistrate Court, Thiruvarur..

2.A learned Single Judge of this Court in a batch of cases in Crl.O.P.No.28458 of 2019 etc., batch, vide common order dated 18.01.2021, in Dr.P.Pathmanathan and 2 others v. Tmt.V.Monica and another (2021 (2) CTC 57), 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.

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3.Accordingly, the Criminal Original Petition stands dismissed. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar smv To

1. The Judicial Magistrate, Thiruvarur.

2. do Through ' The Chief Judicial Magistrate, Thiruvarur.

Crl.O.P.No.16142 of and Crl.M.P.No.7874 of 2016 KSM(CO) GMY(11/10/2021) https://hcservices.ecourts.gov.in/hcservices/