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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, CJ, RAVINDRA KUMAR AGRAWAL
Prakash Singh S/o Mangal Dev Singh – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. Heard Mr.Himanshu Pandey, learned counsel for the petitioners as well as Mr.S.S.Baghel, learned Government Advocate appearing for respondent No.1/State and Mr.Anurag Singh, learned counsel appearing for respondent No.2.
2. The petitioners have filed this petition with the following prayer:
“A) That, this Hon'ble Court may kindly be pleased to issue a Writ/Order/Direction of the appropriate writ directing the quashing of the impugned proceedings under the Domestic Violence Act, 2005, initiated by way of undated complaint and Domestic Incident Report and Application dated 19.10.2022, as well as quash any and all proceedings and actions arising therefrom on the ground of abuse of process of law;
B) That, this Hon'ble Court may kindly be pleased to issue a Writ/Order/Direction of the appropriate writ directing the quashing and setting aside of impugned order dated 26.11.2024 passed by the Ld. JMFC, Surajpur, dismissing the present Petitioners' application regarding non-maintainability of the proceedings under DV Act; and C) That, this Hon'ble Court may kindly be pleased to pass such other and further orders, as it deems fit and proper in the facts of the case, and in the interes
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.
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....
Domestic violence complaints can be filed against both males and females under the DV Act, and there are no limitations on when these can be filed if ongoing abuse is present.
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....
The misuse of the Domestic Violence Act for property disputes is impermissible; complaints must genuinely allege domestic violence and not serve ulterior motives.
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