P.Murthy v. Mrs.Senthamarai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 15.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Crl.OP.No.2164/2016 & Crl.MP.No.1145/2016 [Video Conferencing] 1.P.Murthy 2.Santhi 3.Tamilvanan

...Petitioners/Respondent

Versus

Mrs.Senthamarai W/o.Murthy

...Respondent/Complainant

Prayer : - Criminal Original Petition filed under Section 482 of Cr.P.C to call for the records pertaining to the proceedings in CC.No.1347/2015 pending on the file of the learned V Metropolitan Magistrate, Lillypond, Commercial Complex, Moore Market, Park Town, Chennai 600 003 and quash the same. For Petitioners :

Mr.A.Balamurugan

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) Additionally, the learned counsel for the petitioners states that the matter has also been disposed of by the https://hcservices.ecourts.gov.in/hcservices/

Trial Court and hence, nothing survives in the matter and prays for withdrawal of the petition.

(3) Accordingly, the Criminal Original Petition stands dismissed as withdrawn.

Consequently, connected miscellaneous petitions stand closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar AP To

1. The V Metropolitan Magistrate, Lillypond, Commercial Complex, Moore Market, Park Town, Chennai 600 003

2. The Public Prosecutor, High Court, Chennai.

Crl.OP.No.2164/2016 SRA(CO) RGA(27/09/2021) https://hcservices.ecourts.gov.in/hcservices/