Appeal Under 29 DV No Bar For Quashing Of Proceedings Under 482 CrPC- Karnataka HC

• In the case of Mareppa vs. Pushpanjali, the Hon’ble HC of Karnataka has held that the provision of appeal in section 29 of the Domestic Violence Act does not prohibit the respondent from filing a petition invoking the inherent power of the HC to quash the proceedings under section 482 of the Code of Criminal Procedure.
• In the instant case, the respondent (Pushpanjali) had filed a case against the petitioners under section 12,18, 19 and 22 of the Protection of Women From Domestic Violence Act. The Trial Court, after hearing her contentions had issued summons to the petitioner and also against the husband.
• It was their (petitioner’s) plea that they do not reside in a shared household, the complaints against the husband about the demand of dowry and other acts of domestic violence were not true and were made with the sole objective of dragging the petitioners to the Court.
• The Hon’ble HC, while allowing the petition filed by the husband (Marepa) and the others, observed the following-

“The power under section 482 of the CrPC includes the power to quash an FIR, investigation or any other criminal proceedings pending before any Court subordinate to it. It has got a very broad definition…. The powers under 482 CrPC can be exercised to meet the ends of justice, to prevent abuse of process of any court and to give effect to the order of the court having regard to the facts of each given case”.

• The HC, in the instant petition relied upon the judgement in Prakash and Other vs. Sarita in which it was held that the mere presence of a revisional remedy will not preclude the court from exercising its inherent powers under Section 482 CrPC.
• Thus, the Bench held that “Petition under 482 of CrPC is maintainable and the petitioners need not invoke Section 29 of the DV Act”.

And now, a question for our aspirants-

Under what section of CPC are the inherent powers of the HC provided?