Criminal Procedure Code, 1973 – s.482 – Bharatiya Nagarik Suraksha Sanhita, 2023 – s.528 – Protection of Women from Domestic Violence Act, 2005 (DV Act) – s.12 – Exercise of power of High Court u/s.482, CrPC (s.528, BNSS) to quash proceedings u/s.12, DV Act – Permissibility: Held: High Courts can exercise power u/s.482, CrPC (s.528, BNSS) for quashing the proceedings initiated u/s.12(1) of the DV Act, 2005, pending before the Court of the Magistrate – However, considering the object of the DV Act, 2005, the High Courts should exercise caution and circumspection when dealing with an application u/s.12(1) – Normally, interference u/s.482 is warranted only in the case of gross illegality or injustice – View taken in the impugned order of the High Court that a petition u/s.482, CrPC for challenging the proceedings emanating from s.12(1), DV Act, 2005 is not maintainable, is not the correct view – Order passed by High Court quashed – Petitions filed by the appellants u/s.482, CrPC to quash the application u/s.12, DV Act restored to the file of the High Court. [Para 39]
Protection of Women from Domestic Violence Act, 2005 (DV Act) – ss.12, 28 – Criminal Procedure Code, 1973 – s.200 – Bharatiya Nagarik Suraksha Sanhita, 2023 – s.223 – Scheme of s.12 vis-a-vis s.200, CrPC or s.223, BNSS. [Paras 18, 21] Protection of Women from Domestic Violence Act, 2005 (DV Act) – s.12 – Criminal Procedure Code, 1973 – s.482 – Bharatiya Nagarik Suraksha Sanhita, 2023 – s.528 – Nature of proceedings u/s.12 – Quashing of proceedings u/s.12:
Held: Notwithstanding the penal provisions in the form of ss.31 and 33 of Chapter V, the proceedings before the Magistrate under the DV Act are predominantly of a civil nature – Decisions of the High Courts taking a view that the jurisdiction u/s.482, CrPC is not available to quash proceedings of an application u/s.12(1), DV Ac are primarily based on the premise that proceedings u/s.12(1) are predominantly of a civil nature – Said view is not correct. [Paras 28.1, 37]
Criminal Procedure Code, 1973 – s.482 – Protection of Women from Domestic Violence Act, 2005 (DV Act) – s.12 – Two parts of s.482 – Which part is applicable to proceedings u/s.12, DV Act – Discussed. [Paras 31, 32]
Protection of Women from Domestic Violence Act, 2005 (DV Act) – Object of – Discussed. [Para 12]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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