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SWARANA KANTA SHARMA
Yashpal – Appellant
Versus
Mukesh – Respondent
JUDGMENT
Swarana Kanta Sharma, J.
1. The instant petition has been filed on behalf of the petitioner under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') seeking setting aside of order dated 06.01.2020 passed by learned Additional Sessions Judge/Special Judge (NDPS), Dwarka Courts, New Delhi (`learned ASJ') in Criminal Appeal No. 411/2019, and for setting aside order dated 03.04.2019 passed by learned Metropolitan Magistrate, Mahila Court, Dwarka, New Delhi (`learned Magistrate') in CC No. 4989228/2016 titled as `Mukesh & Ors v. Yashpal & Anr.', filed under Section 12 of the Protection of Women From Domestic Violence Act, 2005 (`DV Act').
2. Brief facts of the present case are that marriage of petitioner and respondent no. 1 was solemnized on 15.02.1997 in Delhi. As per respondent no. 1, the petitioner and his family members had started taunting and beating respondent no. 1 for bringing insufficient dowry. Thereafter, the relations between the parties had turned sour and ultimately, the respondent no. 1 had got an FIR bearing no. 37/2001 registered at Police Station Jaffarpur Kalan against the petitioner and his father under Sections 498A/406 of IPC. Vide order dated
The main legal point established in the judgment is the court's interpretation of the powers of the Magistrate under Section 28 of DV Act to devise its own procedure and issue appropriate directions ....
The High Court upheld the summoning orders issued by the Trial Court in a case filed under the DV Act. The Court found that the allegations made by the respondents were sufficient for summoning the p....
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 main legal point established is that issues raised prematurely and based on separate acquittals cannot automatically warrant the quashing of a complaint under the PWDV Act.
Point of law: Provision of the Section 29 of the Act, appeal lies against any order passed by the trial court but without preferring the appeal, the petitioner has sought for quashing of the order af....
The welfare and best interest of the child is the paramount consideration in custody matters.
The court clarified that applications under Section 12 of the Domestic Violence Act must be adjudicated by a Magistrate, not a Family Court, emphasizing the jurisdictional boundaries established with....
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....
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