SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2021 Supreme(Mad) 390

N.ANAND VENKATESH
P. Pathmanathan – Appellant
Versus
V. Monica – Respondent


Advocate Appeared:
For the Petitioner:C.S. Dhanasekaran, P.K. Naarayanan, K.P. Chandrasekaran, S. Sithirai Anandam, M/s. KV Law Firm, V. Paarthiban, M. Prabhakar, N.A. Nissar Ahmed, W. Camyles Gandhi, P. Ravi Shankar Rao, R. Surya Prakash, J. Deliban, S. Sathyaraj, S. Saranraj, P. Veeraraghavan, M. Sankar, Rameshkumar Chopra, S.T. Varadarajalu, M/s.Chennai Law Associates, Advocates.
For the Respondent:L. Mahendran, A. Satha Sivam, M/s. Udaya PS Menon, Advocates.
For the Amicus Curiae:A. Ramesh, Senior Counsel, Srinivasan, G.R. Hari, Advocates.

ORDER :

(Prayer in Crl OP No.28458 of 2019 : Criminal Original Petition filed under Section 482 of Cr.PC., to call for the records in D.V.No.71 of 2019 on the file of the Additional Mahila Court at Krisnnagiri, quash the proceedings therein in as far as the petitioners herein are concerned.)

The issue that falls for consideration in these batch of cases relates to the jurisdiction of the High Court to quash a complaint under Section 12 of the Domestic Violence Act, 2005 (hereinafter referred to as “D.V. Act” or “the Act”) in exercise of its inherent power under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.” or “the Code”).

2. This Court had directed the Registry to put up a number of cases filed between 2017 and 2020, and pending, for quashing applications under Section 12 of the D.V Act. This Court was surprised to learn that over 1000 such cases were pending. The D.V Act endeavors the Magistrate to dispose an application filed under Section 12 (1) within 60 days from the date of its first hearing. However, here is a distressing scenario where the proceedings, in a majority of the cases, have come to a grinding halt without any progress for

                                          Click Here to Read the rest of this document
                                          1
                                          2
                                          3
                                          4
                                          5
                                          6
                                          7
                                          8
                                          9
                                          10
                                          11
                                          SupremeToday Portrait Ad
                                          supreme today icon
                                          logo-black

                                          An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                                          Please visit our Training & Support
                                          Center or Contact Us for assistance

                                          qr

                                          Scan Me!

                                          India’s Legal research and Law Firm App, Download now!

                                          For Daily Legal Updates, Join us on :

                                          whatsapp-icon telegram-icon
                                          whatsapp-icon Back to top