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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Om Prakash Shukla,J.
Ram Lotan Vishwakarma – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Om Prakash Shukla, J.
1. Heard Shri Sachin Chaturvedi, learned Counsel for the applicants, Shri S.N. Tilhari, learned Additional Government Advocate for respondent no.1/State, Shri Amit Kumar Singh, learned Counsel for the respondent no.2.
2. This application/petition was taken up for hearing on the preliminary objection of maintainability in view of the conflicting decisions of Co-ordinate Benches of this Court.
3. Inherent power of this Court is sought to be invoked under Section 528 of Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023 (corresponding Section 482 of the Code of Criminal Procedure , 1973), to assail the proceedings initiated against the applicants under the provisions of Protection of Women from Domestic Violence Act , 2005 (hereinafter referred to as ‘D.V. Act’).
4. Conflicting decisions of the Co-ordinate Benches have been brought to the notice of this Court on the issue of maintainability of a petition under Section 482 Cr.P.C for quashing an order passed on notice issued under Section 12 of D.V. Act. On the one hand are the decisions of this Court (Corum: Hon’ble Om Prakash Shukla, J.) dated 31.07.2024 passed in Application U/s 482 No. 6975 of 2013: Smt
Conflicting decisions on the maintainability of applications under Section 482 Cr.P.C. for quashing notices under the Domestic Violence Act necessitate referral to a larger bench for clarity.
The main legal point established in the judgment is that the proceeding under Section 482 of Cr.P.C. for quashing the proceeding under Section 12 of the D.V. Act is not maintainable.
The main legal point established in the judgment is the maintainability of a petition under Section 482 of Cr.P.C. to challenge the proceedings filed under Chapter IV of the D.V.Act, and the availabi....
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....
(1) Relief sought for under Chapter IV of D.V. Act is not in nature of a formal accusation like in a criminal case and person against whom such a relief is sought for, is not an accused before Magist....
The court established that reliefs under the DV Act are civil, and appeals against such orders cannot be treated as criminal proceedings.
(1) Relief sought for under Chapter IV of D.V. Act is not in nature of a formal accusation like in a criminal case and person against whom such a relief is sought for, is not an accused before Magist....
A petition under Section 482 of the Cr.P.C would not lie to quash an application under Section 12 of the D.V Act.
A petition under Section 482 of the Cr.P.C would not lie to quash an application under Section 12 of the D.V. Act.
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