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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Abhishek Kumar Chandan, Son of Kamta Prasad – Appellant
Versus
Criminal Miscellaneous No.46935 of 2024 – Respondent
JUDGMENT :
Chandra Shekhar Jha, J.
Heard Mr. Rajendra Narain, learned senior counsel appearing for the petitioners, Md. Mushtaque Alam, learned APP for the State and Mr. Ramakant Sharma, learned senior counsel appearing for the O.P. No.2.
2. The present application preferred under Section 482 of the Code of Criminal Procedure (in short ‘CrPC’) to quash the entire proceedings of Domestic Violence Case No.4 of 2023 filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short ‘D.V. Act 2005’) dated 13.02.2023 against the petitioners, which was filed by opposite party no.2, namely, Nivedita Nishchal, wife of petitioner no.1.
3. Admittedly, there is no impugned order including any interim order in view of Section 23(2) of the Act of 2005, passed in aforesaid proceeding.
4. Case of complainant/O.P. No.2, in brief, speaks that her marriage was solemnized with petitioner no.1 on 07.12.2009 as per Hindu rites and rituals at Patna. Out of the said wedlock, a daughter was born to them on 24.12.2010. Thereafter, the petitioner no.1 started to commit physical and mental harassment by demanding money from her parents for purchasing a house at Bengaluru and due to non-f
Limitations under Section 468 of the CrPC do not apply until there is a breach of an order issued under Section 12 of the Protection of Women from Domestic Violence Act.
Point of law : Under Section 2(q) of the DV Act, the word respondent means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggriev....
Cognizance of offence – Cognizance’ ought to be taken within specified period from commission of offence but complainant should not be put to prejudice, if for reasons beyond control of prosecuting a....
The Court found the direction to pay Rs.6,000/- per month to the wife reasonable and refused to interfere with the quantum of compensation of Rs.50,000/- granted to the wife
The main legal point established in the judgment is that the complaint made under Sec. 12 of the Protection of Women from Domestic Violence Act does not attract limitation period as it provides civil....
The need for adjustment or set-off of maintenance amounts awarded in previous proceedings under different statutes.
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