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2021 Supreme(Mad) 1199

V.BHAVANI SUBBAROYAN
Rajendran – Appellant
Versus
Divya @ selvanayagi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.S.Shankar
For the Respondent: Mr.Suganathan for N.Manokaran

ORDER :

This Criminal Original petition has been filed seeking to quash the M.C.No.16 of 2015 pending on the file of Judicial Magistrate, Bhavani.

2. This Court has already passed an order in Crl.OP Nos.28458, 16411, 33643 of 2019, Crl.OP.Nos.16389, 16450, 17156, 19918, 20434 of 2020 and Crl.OP.Nos.45,73, 138, 184, 191, 213, 216, 233, 243, 332 and 349 of 2021, dated 18.01.2021 and the guidelines given by this Court will equally apply in the present case also. The relevant portions of the order are extracted hereunder :-

    46. A Division Bench of the Bombay High Court had reached the same conclusion in Sukumar Pawanlal Gandhi v Bhakti Sushil Gandhi, (2016) SCC Online Bom 12942. However, a Full Bench of the Bombay High Court in Prabhakar Mohite v State of Maharashtra, AIR 2018 Bom, overruled the decision in Sukumar Pawanlal Gandhi, (cited supra). The Full Bench correctly noticed that the character of a proceeding is not dependent upon the nature of the Tribunal but on the nature of the right violated. The Full Bench held, and rightly so, that the nature of the right in a proceeding under the D.V Act is purely civil in nature. Having held so, the Full Bench, nevertheless, found that an app

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