S.Kesavan v. S.Brindha Devi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2022

CORAM:

THE HON'BLE Mr. JUSTICE SUNDER MOHAN

1. S.Kesavan

2. Meena ... Petitioners

Versus

1. S.Brindha Devi

2. K.Senthil Kumar

3. Nalini

4. G.Jayasree ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the case in DVA No.01 of 2013 on the file of Judicial Magistrate No.1, Pollachi and quash the same. For Petitioners :

No Appearance For Respondents :

R1-No Appearance Mr.R.S.Mangal Kumar for R2 Mr.C.Veeraraghavan for R3 *****

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.

3. 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 - I, Pollachi.

SUNDER MOHAN, J.

kmi 25.11.2022