The High Court of Chhattisgarh dismissed a writ petition under Article 227 seeking to quash domestic violence proceedings. The Court held it was not inclined to entertain the petition as the case remained at its initial stage.
null
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.
1 / 3
2024:CGHC:45464
AJAY KUMAR DWIVEDI Date: 2024.11.21 17:14:08 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
NAFR
WP227 No. 992 of 2024
Manoj Kumar Dubey S/o Late Shri Harishankar Dubey Aged About 50 Years R/o Kaurinbhata, Government School Road, Ward No. 44, Tehsil And District Rajnandgaon (C.G.), District : Rajnandgaon, Chhattisgarh. ... Petitioner.
versus
Smt. Vibha Dubey W/o Shri Manoj Dubey Aged About 43 Years R/o Village Arjuni, Near Ram Temple, Tehsil Dongargaon, District Rajnandgaon Chhattisgarh ... Respondent.
For Petitioner : Mr. Rishabh Bisen, Advocate. For Respondent : None.
SB : Hon'ble Shri Justice Deepak Kumar Tiwari, J.
Order On Board
21.11.2024
“(10.1) This Hon’ble Court be pleased to issue appropriate writ direction to quash/set-aside the proceedings of MJC Case No.07/24 pending before the Judicial Magistrate First Class, Rajnandgaon (CG).
(10.2) That, this Hon’ble Court may direct the concerned Court to not conclude the proceedings and quash/set-aside for the reason as deem fit by this Hon’ble Court and facts & grounds raised in the petition.
2 / 3
(10.3) This Hon’ble Court be further pleased to pass such order as it may deem fit under the facts and circumstances.
(10.4)Costs of the petition may be allowed.”
3 / 3
application is filed with a malafide intention or not, will be seen during the trial proceedings. Since the said case is at initial stage, I am not inclined to entertain this petition at this juncture.
manner.
Sd/-
(Deepak Kumar Tiwari) Judge
Ajay
1 issue framed by the court
Whether Article 227 writ should be entertained at the initial stage of domestic violence proceedings filed with mala fide intent.
2 provisions across 2 enactments
Manoj Kumar Dubey
Smt. Vibha Dubey
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
