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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Suresh Sharotri – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioners have filed the present petition for quashing of the Case No. 02/2023 titled Shilpi Sharma versus Sandeep and others pending before the learned Judicial Magistrate First Class, Court No. IV, Hamirpur, District Hamirpur, H.P. (learned Trial Court). (Parties shall hereinafter be referred to in the same manner as they are arrayed before the learned Trial Court for convenience.)
2. Briefly stated, the facts giving rise to the present petition are that a Domestic Incident Report was filed before the learned Trial Court claiming various reliefs under the Protection of Women from Domestic Violence Act (DV Act). It was asserted that the informant was being taunted on trivial matters. When it was found that the informant was sick, she was asked to conceal the illness. She was not permitted to serve at Hamirpur and was not allowed to go out of her matrimonial home. Obstructions were being created in meeting the informant’s relatives. Her name was not recorded in the Ration Card. She was asked to carry out the work after she had undergone an operation, even though her health did not allow her to carry out the work. The informant’s husband listened t
Domestic violence complaints can be filed against both males and females under the DV Act, and there are no limitations on when these can be filed if ongoing abuse is present.
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....
Limitations under Section 468 of the CrPC do not apply until there is a breach of an order issued under Section 12 of the Protection of Women from Domestic Violence Act.
The High Court cannot quash an FIR unless the allegations do not constitute an offence; the judiciary must respect the trial process and not supplant it with its judgment on the merits of the case.
Proceedings under the Domestic Violence Act initiated with vague allegations and lacking material particulars constitute an abuse of process and are unsustainable in law.
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