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SANJAY KUMAR DWIVEDI
Sangeet Kumar Dubey, son of Late Ramesh Kumar Dubey – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Amit Kumar Sinha, learned counsel for the petitioner, Mr. Bhola Nath Ojha, learned counsel for the State and Mr. Rahul Kumar, learned counsel for opposite party no.2.
2. This petition has been filed for quashing the entire criminal proceedings including the order dated 04.03.2022 by which notices have been issued to the petitioner in connection with Complaint Case No.941 of 2021, registered for the offences under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter to be referred to as' the Act, 2005), pending in the court of the learned Judicial Magistrate, 1st Class, Deoghar.
3. The complaint case was filed by opposite party no.2 alleging therein that she was married to the petitioner on 08.03.2019 at Deoghar. After the marriage, Rs.11 Lakhs and some ornaments were handed over to the petitioner. After some time of the marriage, the in-laws started to show their displeasure with respect to the gifts brought by the opposite party no.2. The demands started into tortures and infliction of the same and some how she was beaten up. Family counselling were conducted but the same was of no reason. The opposite party no.2 gave birth to a pre
The scope of notice under Section 12 of the D.V. Act is to call for a response from the respondent so that an appropriate order may be passed. The court also emphasized the remedy of appeal provided ....
Failure to consider the domestic incident report before proceeding with notices in domestic violence applications violates due process.
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 DV Act are civil, and notices issued under Section 13 require judicial discretion, particularly concerning distant relatives.
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 Domestic Violence Act proceedings are civil in nature, and the proper procedure involves issuing notices rather than summons, emphasizing the distinction from criminal jurisdiction.
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