Senthilkumar v. Dhanakarthigai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) Nos.15102, 15138, 15297, 17465, 17562, 17626, 18016, 19093, 19665, 19931,19945, 20254 of 2022 and Crl.M.P(MD) Nos.9866, 9909, 10031, 11806, 11807, 11863, 11969, 11967, 12027, 12028, 12879, 12878, 13471, 13468, 13718, 13720, 13755, 13756, 14013, 14015 of 2022 Crl.O.P(MD) No.15102 of 2022 1.Senthilkumar 2.Selvarani 3.Sriman Narayanan 4.Santhi 5.Pavithra ... Petitioners/Respondent Nos.2 to 6 Vs.

Dhanakarthigai ... Respondent/Petitioner 1/5

Prayer: The Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and quash the proceedings in D.V.C.No.1 of 2022 on the file of the learned Judicial Magistrate, Additional Mahila Court, Tiruchirapalli, in so far as the petitioners concern. For Petitioners : Mr.V.Illanchezhian For Respondent : Mr.T.Dhamodharan C O M M O N O R D E R These petitions have been filed to quash the proceedings initiated under the provisions of the Protection of Women from Domestic Violence Act, 2005, before the respective jurisdictional Courts.

2. Heard the learned counsel for the petitioners and the learned counsel for the respondents.

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3. The issue raised in these petitions is no longer res-integra in view of the pronouncement judgment in Arul Daniel Vs. Suganya (in Crl.O.P.SR.Nos.31852 of 2022 etc.) reported in 2022-5-L.W. 481, wherein, when similar issue came up for consideration before the Hon'ble Full Bench of this Court as to whether the proceedings, which is initiated under the provisions of Protection of Women from Domestic Violence Act, 2005, can be entertained under Section 482 of Cr.P.C, or not, the Hon'ble Full Bench of this Court has rendered a finding vide order dated 17.11.2022, to the effect that the proceedings initiated under the Protection of Women from Domestic Violence Act, 2005, could be challenged under Article 227 of the Constitution of India by way of filing a Civil Rivision Petition instead of invoking the powers under Section 482 of Criminal Procedure Code.

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4. In view of the decision rendered by the Full Bench of this Court, these Criminal Original Petitions stand dismissed with liberty to the petitioners to workout their remedy in the manner known to law. Consequently, the connected miscellaneous petitions are closed. 12.03.2024 NCC:Yes/No Index:Yes/No Internet:Yes/No Indu 4/5

M.DHANDAPANI,J.

Indu Crl.O.P.(MD) Nos.15102, 15138, 15297, 17465, 17562, 17626, 18016, 19093, 19665, 19931,19945, 20254 of 2022 12.03.2024 5/5