Single judge dismissed an application for quashing proceedings under the DV Act, holding that domestic violence disputes do not warrant interference under Section 482 Cr.P.C. as no illegality was shown in initiation.
Application dismissed; applicants directed to participate in proceedings below.
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Court No. - 15
Case :- APPLICATION U/S 482 No. - 4655 of 2018
Applicant :- Smt. Manju Ashiwal And Anr. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Surendra Kumar Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
By means of instant application, the applicants have prayed for quashing the entire proceedings of case no. 1514 of 2017 ( Smt. Saroj Vs. Dhanpal and others) under section 12 of Protection of Women from Domestic Vilence Act, Police Station Jagdishpura district Agra, pending in the court of Special Chief Judicial Magistrate, Agra.
Upon consideration of various aspects of the case and hearing the learned counsel for the parties, since the dispute pertains to domestic violence, hence no good ground is made out for interference by this Court in exercise of powers under section 482 Cr.P.C. There is no illegality in initiation of proceedings against the applicants hence, the applicants will participate in the proceedings before the court below who will proceed with the case in accordance with law and decide expeditiously after affording opportunity of hearing to the parties.
Subject to the observations made above, this application lacks merit and is dismissed.
Order Date :- 13.2.2018 Iss/
1 issue framed by the court
Whether Section 482 Cr.P.C. powers warrant quashing proceedings under Section 12 DV Act initiated against the applicants
2 provisions across 2 enactments
Smt. Manju Ashiwal And Anr
Arvind Kumar Mishra-I,J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
