Whether complaints under Domestic Violence Act can be quashed invoking Section 482 CrPC?
discussion, the following conclusions:
(i) The provisions of the Act provide for remedial
measures for civil rights of women but the machinery
provided is through criminal court.
(ii) Initiation of proceedings under Section 12 or 18 or
19 or 20 or 21 or 22 or 23 or 31 of the Act would begin
only when the Magistrate has passed any judicial order
including of issuance of notice for hearing.
(iii) Any person affected by any proceedings under the
Act, prior to initiation of proceedings under Section 12 of
the Act may prefer Special Criminal Application under
Article 226 of the Constitution if as per him, the
proceedings are beyond the scope and ambit of the Act
or without any authority in law. But this Court, while
entertaining the petition under Article 226 of the
Constitution may decline entertainment of the petition by
way of self-imposed restriction in exercise of the judicial
powers or may decline entertainment of the petition in
exercise of its sound judicial discretion.
(iv) Once proceedings are initiated under Section 12 or
18 or 19 or 20 or 21 or 22 or 23 or 31 either
independently or jointly on account of any judicial order
passed by the learned Magistrate including issuance of
notice, such proceedings shall be governed by the Code
of Criminal Procedure coupled with the power of the
Court under Section 28(2) to lay down its own procedure
for disposal of an application under Section 12 or under
sub-section (2) of Section 23 of the Act.
(v) Once the applicability of the Code of Criminal
Procedure has started on account of any judicial order
passed by the learned Magistrate including issuance of
notice either under Section 12 or 18 or 19 or 20 or 21 or
22 or 23 or 31 of the Act independently or jointly,
remedial measures to the aggrieved person as provided
under the Code of Criminal Procedure, 1973 can be said
as available. But the higher forum under the Code of
Criminal Procedure, may be the Court of Session or the
High Court, may decline entertainment of such
proceedings considering the facts and circumstances of
the case and as per the settled principles of law and in
accordance with law.
(vi) The aforesaid remedial measures provided under
the Code of Criminal Procedure would also include the
powers of this Court under Section 482 of the Code, but
the Court may, in a given case, decline entertainment of
the petition when there is express remedy provided
under the Code of Criminal Procedure or no case is made
out to prevent the abuse of process of any Court, or no
case is made out to secure the ends of justice.
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL REFERENCE NO. 6 of 2015
IN
SPECIAL CRIMINAL APPLICATION NO. 5313 of 2015
SUO MOTU....Applicant(s)
Versus
USHABEN KISHORBHAI MISTRY....Respondent(s)
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE MR.
JAYANT PATEL
and
HONOURABLE MR.JUSTICE N.V.ANJARIA
Date : 27/11/2015
https://www.lawweb.in/2015/12/whether-complaints-under-domestic.html
