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JAGMOHAN BANSAL
Ajit Singh – Appellant
Versus
Harkiranpreet Kaur – Respondent
JAGMOHAN BANSAL, J.
1. The petitioners through instant petition under Section 482 are seeking quashing of application COMA-2957 of 2018 under Sections 12, 17, 18, 19, 20, 22 and 23 of Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the D.V. Act') alongwith all consequential proceedings arising therefrom including notice dated 05.03.2019 issued by the Judicial Magistrate Ist Class, Ludhiana.
2. Learned counsel for the petitioners, inter alia, contends that allegations levelled in the complaint against the petitioners are false and fabricated. The petitioners are neither in the domestic relationship nor have shared residential accommodation with the complainant during last 16 years. The complainant is residing separate since October 2016. The complainant filed first complaint in 2012 which was withdrawn in 2012 itself and now complaint has been filed after 06 years. Thus, the complaint under D.V. Act, 2005 is abuse of process of law.
3. Learned counsel relied upon judgments of this Court in Joginder Kaur and others Vs Shalini and another (CRM-M-34237-2020), Pawittar Jit Singh Rattan and another Vs. Dr. Preeti Singh (CRM-M-8942-2016) and Amit Aggarwal an
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 ....
Proceedings under the DV Act are civil, and notices issued under Section 13 require judicial discretion, particularly concerning distant relatives.
Abuse of process of law in filing multiple petitions under section 12 of the DV Act on the same cause of action and the jurisdiction of the Magistrate to revoke orders and drop proceedings.
Failure to consider the domestic incident report before proceeding with notices in domestic violence applications violates due process.
Proceedings under the DV Act are civil in nature, and the Cr.P.C. does not apply, making petitions under it not maintainable.
The Magistrate has the power to revoke the proceedings initiated under Section 12 of the D.V. Act if there is no ground to proceed against the accused.
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