Muvva Bhargav vs State Of Andhra Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(AP) 411

K. SREENIVASA REDDY
Muvva Bhargav – Appellant
Versus
State Of Andhra Pradesh – Respondent

Advocates Appeared:
For the Petitioner: V. Nitesh. .

ORDER :

1. These Criminal Petitions, under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘CrPC’), are filed by the respective petitioners to quash the proceedings initiated against them by the respective respondents under the provisions of the Protection of Women from Domestic Violence Act, 2005 (for short, ‘the DVC Act, 2005’). Since the issue involved in all the Criminal Petitions is one and the same, they are being disposed of, by way of this common order.

2. The question that crops up for consideration before this Court in these Criminal Petitions is –“as the remedies that are available under the provisions of the DVC Act, 2005 are civil in nature and as the proceedings under Section 28 (1) of the DVC Act, 2005 are governed by CrPC, whether the proceedings under Section 482 CrPC are maintainable or not in respect of the said proceedings?”

3. The DVC Act, 2005 was enacted to protect women from being victims of domestic violence and to prevent occurrence of domestic violence in the society. The main object of the Act is to protect women from all sorts of discrimination. The Legislation has been enacted to render justice to women who suffered domestic violence. “D