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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Raj Lakshmi Mishra W/O Late Sachidanand Mishra – Appellant
Versus
State Of Bihar – Respondent
| Table of Content |
|---|
| 1. factual background of domestic violence complaint. (Para 2 , 3) |
| 2. arguments regarding false implications and civil dispute. (Para 4 , 5 , 6 , 7) |
| 3. economic abuse counts as domestic violence. (Para 8 , 10 , 11) |
| 4. nature of jurisdiction under dv act and available remedies. (Para 14 , 15) |
| 5. misuse of legal provisions must not be allowed. (Para 19 , 21 , 27) |
| 6. order to quash the proceedings due to misuse. (Para 28 , 29) |
JUDGMENT :
CHANDRA SHEKHAR JHA, J.
1. Heard Mrs. RashmiJha, learned counsel appearing on behalf of the petitioner and Mr.ShekharSingh, learned senior counsel appearing for the opposite party no. 2 .
2. The present application has been preferred under Section 482 of the Code of Criminal Procedure, 1973 (in short, the ‘Cr.P.C.’) to quash and set aside the entire proceeding, including the order dated 31.03.2023 in Complaint Case No. 516/2023 (Enquiry Case No. 627/2023) under Section 12 of the Domestic Violence Act, 2005 , (hereinafter referred to as the “D.V. Act”) pending before learned S.D.J.M., Chapra at Siwan.
3. The prosecution’s case in brief, is that the complainant entered into matrimony with the deceased Brajesh Mishra, son of petittioner no. 01 on 2
The misuse of the Domestic Violence Act for property disputes is impermissible; complaints must genuinely allege domestic violence and not serve ulterior motives.
High Courts must adopt hands-off approach quashing DV Act proceedings under Section 482 CrPC, interfering only for gross illegality/abuse; treat allegations as true, avoid mini-trials or evidence ass....
The court emphasized the need for a cautious approach in cases of misuse of the Protection of Women against Domestic Violence Act, 2005, and highlighted the requirement for the allegations to constit....
Section 28 of Act provides for following procedure to be followed by a Magistrate while dealing with application for reliefs.
The need for specific and substantial allegations of domestic violence to support proceedings under the Protection of Women from Domestic Violence Act, 2005.
Proceedings under the Domestic Violence Act initiated with vague allegations and lacking material particulars constitute an abuse of process and are unsustainable in law.
The court established that proceedings under the Domestic Violence Act cannot be quashed unless it is clear that no prima facie case exists and the allegations are malicious.
Proceedings initiated under Section 12 seeking reliefs under Sections 18 to 23 are civil in nature – Proceedings under Section 200 of Cr.P.C. and other relevant provisions of Cr.P.C. are not to be fo....
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