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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PRANJAL DAS
Parvez Alam And 3 Ors. S/o Tahir Hussain Ansari – Appellant
Versus
State of Assam – Respondent
JUDGMENT & ORDER (CAV)
PRANJAL DAS, J.
Heard Ms. R. Choudhury, learned Senior counsel assisted by Ms. S. Ahmed, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional PP for the State and Ms. L. Devi, learned Legal Aid Counsel for the respondent no. 2.
2. The 4 (four) petitioners namely, Shri. Parvez Alam, Shri. Tahir Hussain Ansari, Smt. Naseema Begum and Smt. Shamma Parveen, have preferred this criminal petition invoking the inherent powers of this Court aggrieved by the Order dated 20-11-2024, passed by the learned JMFC, Tinsukia in Misc D.V case No. 24/2024, whereby notice has been issued to the petitioners. The petitioners herein are also aggrieved by the Protection Order passed by the learned JMFC by the said impugned order and also ex-parte maintenance order under Section 23 of the Protection of Women from Domestic Violence Act, 2004 (hereinafter referred to as the DV Act). The petitioner No. 1 is stated to be the husband of the aggrieved person; petitioner no. 2 is the father-in-law; petitioner No. 3 is the mother-in-law and petitioner No. 4 is the sister-in-law of the aggrieved person. The aggrieved person who is stated to be the wife of the peti
The main legal point established in the judgment is the need for specific incidents of domestic violence to inculpate the accused under the Protection of Women from Domestic Violence Act, 2005, and t....
when the allegations are in general nature and where an omnibus allegations are made stating that these petitioners instigated her husband to demand more dowry and other allegations are also made exe....
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 requirement of intentional residence in a shared household as per the definitions in the Protection of Women from Domestic Violence Act, 2005, ....
The central legal point established in the judgment is the requirement of a subsisting domestic relationship between the respondent and the complainant for the court to pass an order under the DV Act....
High Courts must adopt hands-off approach quashing DV Act proceedings under Section 482 CrPC, interfering only for gross illegality/abuse; treat allegations as true, avoid mini-trials or evidence ass....
The need for specific and substantial allegations of domestic violence to support proceedings under the Protection of Women from Domestic Violence Act, 2005.
(1) Ratio of decision is apposite to the facts and circumstances.(2) Cannot be said that no protection relief has been sought for against the present petitioner.
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 ....
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