Mrs.Rajeswari v. Mrs. Sugapriya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.09.2021

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN Crl.OP.No.21452 of 2015 & MP.Nos.1&2/2015 [Video Conferencing] 1.Mrs.Rajeswari 2.Raghu 3.Usharani 4.Thamilmurugan ...

Petitioners

Versus

Mrs.Sugapriya ...

Respondent Prayer : - Criminal Original Petition filed under Section 482 of Cr.P.C to call for the records in MC.No.32/2014 pending on the file of the learned Judicial Magistrate No.2, Karikkal, filed u/s.12 of Domestic Violence Act and quash the same. For Petitioners :

Mr.K.Thiruvengadam

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

Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar AP https://hcservices.ecourts.gov.in/hcservices/

To 1.The Judicial Magistrate No.2, Karaikkal.

2.The Public Prosecutor High Court, Chennai.

Crl.OP.No.21452/2015 PMK(CO) GN(20/09/2021) https://hcservices.ecourts.gov.in/hcservices/