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MITALI THAKURIA
Tamarana Bala Saptagiri, S/o Late Tamarana Ram Babu – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Ms. B. Chowdhury, learned counsel for the petitioner. Also heard Mr.J. Singh, learned counsel for the respondent No.2.
2. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973, read with Article 227 of the Constitution of India praying for quashing of the proceeding registered as Misc. (D.V.) Case No. 148/2023 filed by the respondent No.2 before the Court of Judicial Magistrate First Class, Kamrup, seeking protection under Sections 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005 (for short ‘DV Act’).
3. The brief facts of the case are as follows:
3.1. Respondent No. 2, as the petitioner, has initiated proceedings against the present petitioner under the Domestic Violence Act, seeking protection under Sections 18, 19, 20, 22, and 23 of the Act. This case has been registered as Misc. (D.V.) Case No. 148/2023, which has been filed by her solely to harass the present petitioner, and the petition does not disclose any prima facie case against him.
3.2. The petitioner married respondent No. 2 according to the Hindu Marriage Act of 1955, and their marriage was based on mutual love. They were wed at the Shimacha
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 under DV Act being governed by procedure under Cr.P.C, logical conclusion would be that an application under Section 482 is maintainable qua order passed under Sections 12, 18, 19, 20, 21....
The main legal point established in the judgment is the wide scope of inherent powers under Section 482 Cr.P.C. and the need to exercise it sparingly and with caution, particularly in the context of ....
Proceedings under DV Act being governed by procedure under Cr.P.C, logical conclusion would be that an application under Section 482 is maintainable qua order passed under Sections 12, 18, 19, 20, 21....
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....
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 held that proceedings under Section 498A IPC were malicious and lacked evidentiary support, justifying quashing under Section 482 Cr.P.C.
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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