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2024 Supreme(Online)(MAD) 11988

HIGH COURT OF MADRAS
Hon`ble Mr.Justice G.ILANGOVAN
Prabhakaran – Appellant
Versus
Uthra – Respondent


O R D E R

This civil revision petition has been filed seeking to strike off the petition in DVOP No.48 of 2023 on the file of the Additional Mahila Court, Thanjavur.

2.Heard the learned counsel appearing for the petitioners.

3.Let me extract the relevant portion of the judgment reported in the case of Arul Danial Vs. Suganya (2022(3)MWN (CR.)539(FB):-

“7.The Division Bench, in P.Ganesan, supra, has categorically and correctly restated the legal position, in two places that the proceedings under the D.V. Act are civil in nature. For the sake of convenience, we are extracting those portions from P.

Ganesan, supra.

“15 (o) To sum up:

(i) As we have already held that the proceedings under the Domestic Violence Act are civil in nature.............

16 (c) We have already held that the proceedings under Chapter IV of the Domestic Violence Act are civil in nature..........”

8.We concur with the above view of Anand Venkatesh, J., as affirmed by the Division Bench in P.Ganesan, supra.

However, after saying so, the Division Bench, in P.Ganesan, supra, found itself in disagreement with the opinion of Anand Venkatesh, J. that a petition under Section 482 Cr.P.C. to quash a D.V. proceedings is not main

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