Mr.A.Rehan Sulthan v. Mrs.Shakila Banu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2022

CORAM:

THE HON'BLE Mr. JUSTICE SUNDER MOHAN 1.Mr.A.Rehan Sulthan 2.Mr.Abdul Rahim 3.Mrs.Jamal Faridha Begum 4.Mrs.Shakila Begum 5.Mrs.Hamidamma 6.Mrs.Saira Banu 7.Mrs.Sultan Bee

...Petitioners

Versus

1.Mrs.Shakila Banu 2.The Protection Officer Domestice Violence Act District Collectorate Office, Complex, M.Singaravelar Maligai, VIII floor, Rajaji Salai, Chennai - 600 001.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for and examine the records relating to the proceedings in DVC No.53 of 2015 on the file of the Court of the XV Metropolitan Magistrate, G.T., Chennai and quash the same. For Petitioners :

Mr.S.Silambu Selvan For Respondents :

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

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

To The XV Metropolitan Magistrate, George Town, Chennai.

SUNDER MOHAN, J.

dk 21.11.2022