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DIVYESH A. JOSHI
Pragneshbhai Kiritbhai Parmar – Appellant
Versus
State Of Gujarat – Respondent
Headnote: Read headnote
JUDGMENT :
1. By way of present petition under Articles 226 and 227 of the Constitution of India, under Section 482 of the Code of Criminal Procedure Code, 1973 (hereinafter referred to as “CrPC” for short” and under the provision of the Protection of Women against Domestic Violence Act, 2005 (hereinafter after referred as “Violence Act” for short) , the petitioners have prayed for quashing and setting aside the impugned complaint/ proceedings being Criminal Misc. Application No.1792/2014 filed by the responded no.2 herein before the court of the learned Judicial Magistrate, 3rd Court, Vadodara as well as issuance of the summons by an order dated 24.06.2024 passed by the learned Judicial Magistrate, 3rd Court, Vadodara and all other consequential proceedings arising out of the said complaint.
2. The brief facts leading to the filing of the present petition are as under,
2.2 However
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....
General and omnibus allegations against in-laws without specific instances do not constitute domestic violence, justifying quashing of proceedings under the Protection of Women from Domestic Violence....
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....
The main legal point established in the judgment is the requirement of intentional residence in a shared household as per the definitions in the Protection of Women from Domestic Violence Act, 2005, ....
Vague, omnibus allegations in matrimonial disputes are insufficient to sustain criminal charges against in-laws under dowry laws; specific evidence is required to proceed, preventing misuse of legal ....
The misuse of the Domestic Violence Act for property disputes is impermissible; complaints must genuinely allege domestic violence and not serve ulterior motives.
The Domestic Violence Act, 2005 allows for protection orders to be sought without a limitation period, and a domestic relationship is defined broadly to include past cohabitation, regardless of curre....
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