This High Court dismissed a criminal writ petition challenging domestic violence proceedings. The Court held that without supporting evidence, allegations of malafide filing could not be examined, marking the case as not being cognizable operationally.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.399 OF 2022
Both R/o-Dhandarphal, Tq-Sangamner, Dist-Ahmednagar.
...PETITIONERS
VERSUS
...RESPONDENTS
Mr.R.C. Bora Advocate h/f. Mr. Girish B. Kadlag Advocate for Petitioners.
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CORAM: SMT. VIBHA KANKANWADI, J.
DATE : 8th JULY, 2022
ORDER :
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Magistrate First Class, Sangamner under Section 12 of the Protection of Women from Domestic Violence Act (for short “Domestic Violence Act”) for various reliefs under the said Act. By this Petition, the petitioners, who are the respondents in the said application under the Domestic Violence Act, seek quashment of the said proceedings.
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be so judged when that proceeding itself is at an initial stage. No case is, therefore, made out to exercise the powers under the writ jurisdiction and the writ petition deserves to be dismissed.
[ SMT. VIBHA KANKANWADI , J. ]
asb/JULY22
2 issues framed by the court
Whether the High Court can be invited to quash criminal proceedings and proceedings under the Domestic Violence Act on the ground of malafide intention without evidence.
Whether the writ court can go into disputed facts in the absence of documentary or testimonial evidence.
Anil S/o Karbhari Khatal
Sow. Kamlabai Karbhari Khatal
Karbhari S/o Shankar Khatal
Alka Anil Khatal
Mayuri D/o Anil Khatal
Vibha Kankanwadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
