Application under dv act cannot be quashed

application under dv act cannot be quashed under s. 482 of crpc

Merely because the jurisdiction to entertain application under Section 12 of dv act has been conferred upon the learned Magistrate, the said Act cannot be termed as a penal statute and the proceedings under the said Act cannot be treated as Criminal proceedings. The power under the Act can be exercised even by a Civil Court or a Family Court.Therefore, power under Section 482 of the said Code cannot be invoked for quashing the proceedings of application under Section 12 of the said Act in as much as the proceeding of the said application cannot be said to be a criminal proceeding. In any case, it is well settled law that the power under Section 482 can be exercised sparingly and in only exceptional cases.

Bombay High Court

Mangesh Sawant vs Minal Vijay Bhosale & Anr on 5 October, 2011

Bench: A.S. Oka

CORAM : A.S.OKA, J.
https://www.lawweb.in/2012/07/application-under-dv-act-cannot-be.html

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5 Replies

Tajobsindia (Senior Partner ) 06 July 2012

This is a WRONG DECISION FROM Mr. Jstc.

1. The Mumbai HC and its Bench in rest of the State themselves have QUASHED several DV Complaint till date UNDER S. 482. Not only Mumbai but as per my database almost all QUASH of DV Complaint has been done under S. 482 itself Allah tara mere !

2. There is no uniformity from same HC decisions on QUASH of DV Complaint so it seems.

3. Time to move to Hon'ble SC and file an SLP to set the matter on a TOMBSTONE so it seems J

4. Any backers (especially on professional FEES PoV) rest I will cover inshah Allah

BUT J

By this decision one thing litigants can avail of - MOVE CPC (civil procedure code) Applications left and right to get various reliefs for respondent(s) in a DV Complaint of their wives in DV Act proceedings just quoting what was held in this HC Order hai ki nahi afterall subordinate Court has to follow what mother Courts says J