Back
P. V. KUNHIKRISHNAN
Shammil – Appellant
Versus
State Of Kerala – Respondent
ORDER :
The point to be decided in this case is that, whether a prosecution initiated under Section 498A of the Indian Penal Code can be quashed because there is a finding by the Court in a proceeding initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'Act 2005') to the effect that there is no domestic violence as defined in the Act 2005.
2. The brief facts in this case can be narrated first: Petitioner is an accused in C.C.No.4071/2013 on the file of the Judicial First Class Magistrate Court, Chalakudy. The above case is charge-sheeted against the petitioner alleging the offence punishable under Section 498A IPC. The prosecution case is that the accused married CW1 on 03.09.2000 in accordance with the Hindu Religious customs and after the marriage, when the accused and CW1 were residing in the house of the accused, 30 sovereigns of gold given to CW1 was misappropriated by the accused. It is also the prosecution case that the accused said that, to live with CW1, 30 sovereigns of gold ornaments is insufficient and he demanded 5 lakh rupees and another 50 sovereigns of gold ornaments. It is also the case of the prosecution that the accused
Findings in domestic violence proceedings do not bar criminal prosecution under Section 498A IPC, as both serve different legal purposes.
The High Court affirmed that applications under Section 482 Cr.P.C. are maintainable against proceedings under the Domestic Violence Act, 2005 to prevent abuse of process, invalidating the prior judg....
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 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 ....
The court established that reliefs under the DV Act are civil, and appeals against such orders cannot be treated as criminal proceedings.
(1) Domestic violence – Courts can exercise power under Section 482 of Cr.P.C. (Section 528 of BNSS) for quashing proceedings emanating from application under Section 12(1) of DV Act, 2005, pending b....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
