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IN THE HIGH COURT OF ALLAHABAD
ARUN KUMAR SINGH DESHWAL
Devendra Agarwal – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. challenge to proceedings/orders under d.v. act (Para 1) |
| 2. preliminary objections regarding maintainability of applications (Para 2) |
| 3. legal arguments supporting maintainability of applications under d.v. act (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 4. counterarguments on application maintainability regarding d.v. act (Para 9 , 10 , 11) |
| 5. court observations on the nature of proceedings under d.v. act (Para 12) |
| 6. court clarification on definitions and roles under the d.v. act (Para 13 , 14 , 15) |
| 7. discussion on rights and protections under d.v. act (Para 16) |
| 8. legislative intent behind the d.v. act (Para 17 , 18) |
| 9. analyses of previous judgements relating to d.v. act (Para 19 , 20 , 21) |
| 10. court reasoning on d.v. act provisions (Para 22 , 23) |
| 11. legal frameworks and implications of d.v. act (Para 24 , 25 , 26 , 27 , 28) |
| 12. explanation of civil vs criminal character of d.v. act proceedings (Para 29 , 30 , 31) |
| 13. constitutional insights into cases under d.v. act (Para 32 , 33 , 34 , 35 , 36) |
| 14. overview of procedural powers regarding d.v. act (Para 38 , 39) |
| 15. final adjudication on the nature of court proceedings under the d.v. act (Para 40 , 41 , 42 , 43 , 44 , 45 , 46) |
| 16. concl |
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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