IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.09.2021

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN

Crl.OP.No.18562 of 2016 & Crl.MP.No.8719/2016

[Video Conferencing]

1.Kirubasankar

2.Kuppusamy

3.Malarvizhi

...

Petitioners/Respondents

Versus

Vijayalakshmi

...

Respondent/Petitioner

Prayer : - Criminal Original Petition filed under Section 482 of

Cr.P.C to call for the records leading to the initiation of the

Domestic Violance Case No.8/2016 pending on the file of the

Judicial Magistrate No.1, Poonamallee and quash the same.

For Petitioners

:

Mr.M.Narayaanaswamy

ORDER

(1)

A learned Single Judge of this Court in a batch of cases in

Crl.O.P.No.28458/2019 etc., batch, [Dr.Padmanathan and

Others Vs. Tmt. Monica and Others] vide common order dated

18.01.2021, had very categorically held that any

proceedings questioning the pendency of complaints

preferred under the Protection of Women from Domestic

Violence Act, 2005, should only be preferred as a Civil

Revision Petition under Article 227 of the Constitution of

India and that the petition under Section 482 of Cr.P.C.,

would not lie and the same is not maintainable.

(2)

Additionally, the learned counsel for the petitioner states

that the matter has been settled.

https://hcservices.ecourts.gov.in/hcservices/

(3)

Accordingly, the Criminal Original Petition stands

dismissed. Consequently, connected miscellaneous petition

stand closed.

Sd/-

Assistant Registrar(CS II)

//True Copy//

Sub Assistant Registrar

AP

To

1.The Judicial Magistrate No.1,

Poonamallee.

2.-Do- Thro The Chief Judicial Magistrate,

Egmore, Chennai.

Crl.OP.No.18562/2016

rr[co]

srg 05/10/2021

https://hcservices.ecourts.gov.in/hcservices/