A.Yokesh, Aged 33 Years, v. Tmt.M.Arulmozhi,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:13.09.2021
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.3844 of 2017 and Crl.M.P.No.2815 of 2017 1.A.Yokesh 2.K.Anbu 3.A.Malathi ... Petitioners/Accused Vs.
M.Arulmozhi ... Respondent/Petitioner Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the C.C.No.1415 of 2016 on the file of the learned Mahila Court, Egmore, Allikulam, Chennai - 600 003 and quash the same. For Petitioners ... Mr.S.Rajesh Kanna For Respondent ... Mr.V.V.Sairam
ORDER
A learned Single Judge of this Court in a batch of cases in Crl.O.P.No.28458 of 2019 etc., batch, vide common order dated 18.01.2021, in Dr.P.Pathmanathan and 2 others v. Tmt.V.Monica and another (2021 (2) CTC 57), 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. It is also represented that the second petitioner had, unfortunately, expired. It is also stated that before the Family Court and before the Mediation Centre, a comprehensive settlement had been reached including with respect to the present C.C.No.1415 of 2016, which is now pending on the file of https://hcservices.ecourts.gov.in/hcservices/
the learned Mahila Court, Egmore. If the said settlement is presented before the learned Mahila Court, Egmore, the learned Magistrate may consider it in the proper perspective.
3. Accordingly, the Criminal Original Petition stands dismissed. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar grs/kbs To The Mahila Court, Egmore, Allikulam, Chennai - 600 003.
+1cc to Mr.A.Rajesh Kanna, Advocate Sr.49830 Crl.O.P.No.3844 of 2017 and Crl.M.P.No. 2815 of 2017 sj[co] srg 18/10/2021 https://hcservices.ecourts.gov.in/hcservices/