Application Made U/S 482 CrPC Challenging Proceeding U/S 12 Domestic Violence Act Is Not Maintainable: Allahabad HC

The Allahabad High Court observed that an application made under Section 482 of the Criminal Procedure Code (CrPC) challenging the proceeding under Section 12 of the Protection of Woman from Domestic Violence Act, 2005 (DV Act) is not maintainable.

The Lucknow Bench observed thus in an application under Section 482 CrPC filed by the sister-in-law of a woman against the order of the Chief Judicial Magistrate (CJM).

A Single Bench of Justice Om Prakash Shukla held, “Keeping in mind the totality of the facts and circumstances and the aforesaid decisions of the Hon’ble Supreme Court as well as the Hon’ble Madras High Court, this Court is of the considered view that the application made under Section 482 of Cr.P.C. challenging the proceeding under Section 12 of the D.V. Act is not maintainable.”

The Bench said that the provisions of Section 482 CrPC cannot be allowed to short-circuit the proceedings under the provisions of DV Act.

Advocate Shishir Pradhan appeared for the applicant while Additional Government Advocate Mayank Singh and Advocate Ashok Kumar Verma appeared for the opposite parties.

Brief Facts -

The application filed by the applicant seeking to quash the proceeding instituted against her by the opposite party and a prayer to delete her name in a complaint case was rejected and the same was affirmed by the Additional Sessions Judge (ASJ). The opposite party had approached the CJM by filing an application/complaint under Section 12 of DV Act against 9 persons including the applicant, thereby seeking protection orders, residence orders, and compensation orders as well as monetary reliefs. As per the complaint case, the marriage of the opposite party was solemnized in 2007 and during the same, her family gave sufficient dowry and Stridhan.

Out of the aforesaid wedlock, one daughter was born. After marriage, the opposite party was living her marital life in a joint family, but her husband, father-in-law, mother-in-law, brother-in-law, sister-in-law (applicant) and other opposite parties in the said complaint case used to allegedly torture her by insulting and harassing her in various ways and they also used to assault and abuse her from time to time and they even were planning to kill her by giving slipping pill. As the applicant’s application was rejected by CJM, she filed a criminal revision but the same was rejected. Hence, she was before the High Court challenging the same.

The High Court in view of the facts and circumstances of the case noted, “The relations between the parties are not denied. As far as the merits of the allegations as mentioned in the complaint is concerned, the response from the parties have to be filed, so that the same is considered by the Chief Judicial Magistrate. … Further, there is a rich precedent in the issue that the power of quashing a criminal proceeding under section 482 Cr.P.C should be exercised very sparingly and with circumspection and that too in the rarest of rare cases; that the Court will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice.”

The Court added that the allegation of not providing protection, residence and compensation to upkeep the complainant and her minor child is certainly a matter to be looked into by the Trial Court and for this, parties have to prove their respective case. The Court further said that it is also not one of the rarest of rare cases for the Court to take notice and invoke the powers under Section 482 CrPC and the applicant on this front too, cannot convince the Court to decide in her favour.

“The judgments relied by the learned Counsel for the applicant is distinguishable in the facts and circumstances of the case and the same would not come to her rescue”, it concluded.

Accordingly, the High Court dismissed the application.

Cause Title- Suman Mishra v. The State of U.P. and Ors. (Neutral Citation: 2024:AHC-LKO:52294)

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