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2014 Supreme(Guj) 17

G.R.UDHWANI
NARENDRAKUMAR @ NITINBHAI MANILAL SHAH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
MR ASHISH M DAGLI, ADVOCATE for the Applicants MR KP RAVAL, ADDL.PUBLIC PROSECUTOR for the Respondent-State.

JUDGMENT

1. Both these petitions seek quashment of the proceedings instituted under Sections 18, 19, 20 and 21 of the Protection of Women from Domestic Violence Act, 2005 (for short “D.V. Act”).

2. Learned counsel were requested to assist this Court on the questions:

(i) Whether D.V. Act predominantly provides for civil remedies?

(ii) If yes, whether Section 482 of Code of Criminal Procedure can be applied for quashing of such civil proceedings?

The learned counsel are heard on these questions.

3. Before embarking upon the arguments made by the learned counsel, it is necessary to examine the relevant scheme of D.V. Act as also Code of Criminal Procedure (for short “Cr.P.C.”).

SCHEME OF D.V. ACT AND CR.P.C.

4. As per Section 2(g) of D.V. Act, the “domestic violence” has the same meaning as assigned to it in Section 3, and Section 3 defines in detail the acts which constituting domestic violence. The section is quoted herein for convenience:

“3. Definition of domestic violence. For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it

(a) harms or injures or endangers the health, safety, life, limb or wel














































































































































































































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