The High Court dismissed a criminal petition seeking to quash proceedings initiated under Section 12 of the DV Act. The Court held that proceedings under the DV Act are civil in nature and reliance on precedent confirmed the maintainability of such petitions, rejecting the plea for quashing.
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.
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF SEPTEMBER 2024 BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 100583 OF 2024
BETWEEN:
YASHAVANT NARAYANKAR
Location: HIGH COURT OF KARNATAKA
DIST: KOPPAL – 583227.
TQ: GANGAVATHI, DIST: KOPPAL
TQ: GANGAVATHI, DIST: KOPPAL.
…PETITIONERS
(BY SMT. M. A. MAKANDAR, ADVOCATE)
AND:
SMT. AFSHAN ZEBA W/O. MOHAMMED GHOUSE, AGE: 28 YEARS, OCC: HOUSEHOLD, D/O B. FAHEEM BASHA, R/O: 1ST FLOOR, KHAJA GARIB NAWAZ MANZIL, OPP: PLOT NO. 74, SRI. KULDEVATA NILAYA, “D” BLOCK, 2ND CROSS, VINAYAKA NAGAR, SANKALAPURA HOSAPETE 583201, TQ: HOSAPETE, DIST: VIJAYANAGARA.
…RESPONDENT
(BY SRI. SABEEL AHMED, ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE COURT OF II ADDL. CIVIL JUDGE AND JMFC, AT: HOSAPETE, IN CRL. MISC NO.1037/2023 IN RESPECT OF PETITIONERS 1 TO 7 ARE CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
NC: 2024:KHC-D:12589 CRL.P No. 100583 of 2024
ORAL ORDER
This petition is filed by the petitioners/respondent Nos.2 to 8 praying to quash the proceedings in Criminal Miscellaneous No.1037/2023 pending on the file of the learned Additional Civil Judge and JMFC, Hosapete.
NC: 2024:KHC-D:12589 CRL.P No. 100583 of 2024
Kunapareddy Alias Nookala Shanka Balaji Vs Kunapareddy Swarna Kumari and Another1 has held as under:
1Reported in (2016) 11 SCC 774
damages for the injuries, including mental torture and emotional distress, caused by the domestic violence committed by the appellant. All the aforesaid reliefs that can be granted by the Magistrate are of civil nature. Section 23 vests the Magistrate with the power to grant interim ex parte orders. It is, thus, clear that various kinds of reliefs which can be obtained by the aggrieved person are of civil nature. At the same time, when there is a breach of such orders passed by the Magistrate, Section 31 terms such a breach to be a punishable offence.
14. In the aforesaid scenario, merely because Section 28 of the DV Act provides for that the proceedings under some of the provisions including Sections 18 and 20 are essentially of civil nature. We may take some aid and assistance from the nature of the proceedings filed under Section 125 of the code. Under the said provision as well, a woman and children can claim maintenance. At the same time these proceedings are treated essentially as of civil nature.”
2 (2022) 15 SCC 50
Crl.P.No.3656/2020 disposed of on 31.03.2022 and
Crl.P.No.200906/2022 disposed of on 08.06.2023 have dismissed the petition filed under Section 482 of Cr.P.C seeking quashing of proceedings filed under Section 12 of DV Act.
Hence, the petition is dismissed as not maintainable.
NC: 2024:KHC-D:12589 CRL.P No. 100583 of 2024
Registry is directed to return the documents to the
counsel for the petitioner.
Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE
kmv
CT:ANB
1 issue framed by the court
Whether proceedings under Section 12 of the DV Act are maintainable and whether they ought to be quashed under Section 482 CrPC.
Colour shows how this judgement treated each authority
Kunapareddy Alias Nookala Shanka Balaji Vs Kunapareddy Swarna Kumari and AnotherRelied on¶40
Kunapareddy Alias Nookala Shanka Balaji Vs Kunapareddy Swarna Kumari and Another
Kamatchi Vs Lakshmi NarayananRelied on¶42
Kamatchi Vs Lakshmi Narayanan
Crl.P.No.3656/2020Referred¶47
Crl.P.No.3656/2020 disposed of on 31.03.2022
Crl.P.No.200906/2022Referred¶47
Crl.P.No.200906/2022 disposed of on 08.06.2023
2 provisions across 2 enactments
Smt. Hajira Begum
Mirza Jafar Ali Baig
Mirza Ahmed Ali Baig
Smt. Mehrajunnisa
Smt. Faizunnisa
Smt. Khamrunnisa
Shivashankar Amarannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
