Criminal petition filed under Section 482 CrPC to quash domestic violence proceedings (DVCl No. 3 of 2016). Court held allegations require due trial and proceedings should not be quashed. Petitioners dispensed from appearing in person.
Criminal petition dismissed; proceedings against petitioners allowed to continue; petitioners represented by counsel.
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.
THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3856 OF 2016
ORDER:
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C.) to quash the proceedings in D.V.C.No.3 of 2016 on the file of the Judicial First Class Magistrate, Koratla, arising out of the petition filed under Section 12 of the Protection of Women from Domestic Violence Act.
Heard and perused the material available on record.
Admittedly the case is arising out of matrimonial disputes. This Court is of the view that truth or otherwise of the allegations made against the petitioners can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.
In any event, as the case is arising out of matrimonial dispute, the question of identity of the petitioners does not arise, and as such, the presence of the petitioners before the trial Court is dispensed with except on the dates when the trial Court insists for their appearance. The petitioners are directed to be represented by their counsel before the Court below on all hearing dates.
The Criminal Petition is accordingly disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed.
21.03.2016 pln
_____________________ JUSTICE RAJA ELANGO
3 issues framed by the court
Whether the criminal proceedings arising from a matrimonial dispute under the Protection of Women from Domestic Violence Act should be quashed or allowed to proceed after trial.
Whether the identity of the petitioners needs to be ascertained before the trial court in a matrimonial dispute.
Whether the court should interfere with domestic violence proceedings where allegations require due trial.
2 provisions across 2 enactments
Petitioner(s)
Respondent(s)
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
