V.Damodharan v. D.Narmadha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2022

CORAM:

THE HON'BLE Mr. JUSTICE SUNDER MOHAN and CRL.MP.Nos.4532 & 4533 of 2016

1. V.Damodharan

2. V.Jagadeesan

3. V.Subbaramani

4. J.Mohan @ Balaji

5. S.Jayalakshmi ... Petitioners

Versus

D.Narmadha ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the impugned complaint dated 26.11.2013 in D.V.No.1 of 2014 on the file of the Judicial Magistrate, Tambaram and quash the same.

For Petitioners :

No Appearance For Respondent :

No Appearance *****

O R D E R

The petitioners have challenged the Proceedings initiated under the Domestic Violence Act under Section 482 of Cr.P.C.

2. There is no representation for the petitioners as well as the respondent.

3. 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 petitions are closed.

4. However, it is open to the petitioners to pursue other remedies that are available to them in law.

25.11.2022 Index : Yes/No Speaking Order/Non Speaking Order kmi To The Judicial Magistrate, Tambaram.

SUNDER MOHAN, J.

kmi and CRL.MP.Nos.4532 & 4533 of 2016 25.11.2022