Gandhimathi, F/68 Yrs v. Usha Rani, F/31 Yrs

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2022

CORAM:

THE HON'BLE Mr. JUSTICE SUNDER MOHAN Gandhimathi

...Petitioner

Versus

Usha Rani ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in D.V.C.No.08 of 2016 on the file of the Learned Judicial Magistrate, Tambaram, Kancheepuram District and quash the same.

For Petitioner :

No Appearance For Respondent :

No Appearance

O R D E R

The petitioner has challenged the Proceedings initiated under the Domestic Violence Act under Section 482 of Cr.P.C. 2.A Larger Bench of this Court in a recent Judgment dated 17.11.2022 in Arul Daniel vs. Suganya in Crl.O.P.No.SR No.31852 of 2022 held that a petition under Section 482 Cr.P.C is not maintainable as against the proceedings under the Domestic Violence Act. In view of the said Judgment, the above petition is not maintainable. Hence, the Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. 3.However, it is open to the petitioner to pursue other remedies that are available to her in law.

21.11.2022 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order dk

To The Judicial Magistrate, Tambaram, Kancheepuram District.

SUNDER MOHAN, J.

dk 21.11.2022