Gopinath v. Kamatchi

Crl.O.P.(MD).No.10118 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.09.2023

CORAM:

THE HONOURABLE MR. JUSTICE P.DHANABAL Crl.O.P.(MD).No.10118 of 2020 and Crl.M.P(MD) Nos.4698 and 4700 of 2020 1.Gopinath 2.Sqaratha 3.Subramaniyan 4.Devikha ... Petitioners Vs.

1.Kamatchi 2.Minor Sabreeswaran, Rep. through her mother and natural guardian 1st petitioner ..Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records in proceedings in D.V.O.P.No. 4 of 2020 on the file of the learned Judicial Magistrate Court, Thiruvadanai, Ramanathapuram District.

For Petitioners : Mr.S.A.Ajmal Khan For R-1 & 2 : Mr.N.Pragalatham

O R D E R

When the matter is taken up for hearing today, the learned counsel appearing for the petitioner brought to the knowledge of this Court that the https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.(MD).No.10118 of 2020 P.DHANABAL, J.

Mrn Hon'ble Full Bench of this Court in reference in the case of Arul Daniel and Others v. Suganya and others reported in CDJ 2022 MHC 8250, held that against the Protection of Women from Domestic Violence Act, the petition under Section 482 of Cr.P.C., is not maintainable, since the matter is civil in nature.

2.In view of the aforesaid judgment, this Criminal Original Petition is dismissed with liberty to file fresh application before appropriate forum in accordance with law. Consequently, connected miscellaneous petitions are closed.

08.09.2023 Index : Yes / No Internet : Yes / No Mrn To 1.The Judicial Magistrate, Thiruvadanai, Ramanathapuram District. Crl.O.P.(MD).No.10118 of 2020 08.09.2023 https://www.mhc.tn.gov.in/judis 2/2