Back
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VISHAL DHAGAT
Sandeep Raghuvanshi – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. maintainability of petition under domestic violence act. (Para 1 , 2) |
| 2. hearing and assessment of case merits. (Para 3 , 6 , 9) |
| 3. allegations and context of domestic violence case. (Para 4 , 7 , 8) |
| 4. court's analysis on quashing and domestic violence definitions. (Para 5 , 10 , 11) |
| 5. conclusion of dismissal for the petition. (Para 12) |
ORDER :
VISHAL DHAGAT, J.
1. Counsel appearing for respondent no.2 submitted that petition under Section 482 of Cr.P.C is not maintainable against the case, which is filed under the Protection of Women from Domestic Violence Act, 2005.
2. Counsel appearing for petitioners submitted that proceedings are quasi criminal in nature under the Act. Therefore, petition is maintainable.
3. Heard on the question of maintainability of petition.
4. Claim for maintenance, protection orders, residence orders, custody orders and compensation orders are passed under the Protection of Women from Domestic Violence Act, 2005, only when aggrieved person is subjected to harms, injuries to his health, safety, life, limb or well being. Act of a person causes harm, damage, injury to body. Further some offences are also made punishable under that.
5. In view of
Proceedings under the Protection of Women from Domestic Violence Act are quasi-criminal, thus maintainable; quashing petitions at this stage is inappropriate when prima-facie allegations exist.
The Domestic Violence Act provides protection against domestic abuse, allowing claims to be made even after leaving the shared household, and the inherent powers under Sec. 482 of the Cr.P.C. cannot ....
A petition to quash proceedings in a Domestic Violence Case is not maintainable when an alternative remedy exists under the Protection of Women from Domestic Violence Act, 2005.
The court established that proceedings under the Domestic Violence Act cannot be quashed unless it is clear that no prima facie case exists and the allegations are malicious.
The court upheld the maintainability of proceedings under the Domestic Violence Act despite ongoing matrimonial disputes, affirming the need for factual resolution in trial.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
