IN THE HIGH COURT OF ALLAHABAD
ARUN KUMAR SINGH DESHWAL
Devendra Agarwal – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Arun Kumar Singh Deshwal, J.
1. In all the connected applications either the proceedings under the DOMESTIC VIOLENCE ACT , 2005 (hereinafter referred to as "D.V. Act, 2005") or the orders passed therein are challenged or prayer is made to expedite the proceeding under the D.V. Act, 2005.
2. During the hearing Sri Pankaj Saxena, learned A.G.A., has raised a preliminary objection that in view of the judgement of coordinate Bench of this Court in the case of Smt. Suman Mishra vs. State of U.P. and others; Application u/s 482 No. 6975 of 2013, the application filed under Section 482 Cr.P.C. is not maintainable against the proceeding or orders passed under the D.V. Act, 2005. Therefore, a common question was framed with the consent of all the learned counsel appearing for the parties to determine whether in view of the judgement of the coordinate Bench in the case of Suman Mishra (supra), an application filed under Section 482 Cr.P.C. is not maintainable against the proceeding or order passed under the D.V. Act, 2005. The matter was heard at great length and judgement was reserved on 23.10.2024.
Submission of learned counsel for the applicants
3. Km. Preete, learned counsel for
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....
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....
(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.
(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) 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....
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....
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