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Madhya Pradesh High Court · body

2022 DIGILAW 939 (MP)

Bharti RamanPandey v. Preeti Pandey

2022-07-18

DINESH KUMAR PALIWAL

body2022
ORDER 1. This petition under Section 482 of Cr.P.C. has been filed seeking quashment of the proceedings filed under Section 12 of Protection of Women from Domestic Violence Act, 2005 (for short, hereinafter referred to as the "Act of 2005") against the petitioners registered as MJC No.4508/2018 in the Court of JMFC, Bhopal. 2. As per the averments made in the petition, petitioner No.1 filed an application for dissolution of the marriage under Section 13 of Hindu Marriage Act before the Family Court Motihari, District East Champaran (Bihar). Criminal case No.111/2016 was registered and after recording of evidence of the parties marriage between petitioner No.1 and non-applicant was dissolved by order dated 07.02.2019. Petitioner No.1 has remarried and has a child out of second wedlock. The non-applicant in order to harass the petitioner and family members with a malicious intention filed a false complaint against them in Mahila Thana Bhopal. An F.I.R.No.73/2018 under Section 498-A read with Section 34 of IPC and Section 3/4 of the Dowry Prohibition Act 1961 was registered. The registration of criminal case was challenged before this Court in M.Cr.C.No.45190/2018 and this Court stayed the criminal proceedings by order dated 15.11.2018. 3. It is contended that non-applicant wife has moved an application under Section 12 of the Act 2005 with the same allegations as mentioned in the FIR. 4. The proceedings under the Act of 2005 is pending before the JMFC Bhopal, as proceedings initiated under the Domestic Violence are repeatation and replication of the criminal case filed against the petitioners. The pendency of the same is nothing but the abuse of the process of law and have been filed with the intention of harassing the petitioners. Therefore, it has been prayed that proceedings under Section 12 of the the Act of 2005 pending in the Court file of JMFC Bhopal be quashed. 5. Learned counsel for the petitioners is heard. 6. Learned counsel for the petitioners has submitted that petitioners are being forced to face the trial on no material or even probabilities. Thus, the proceedings in MJC No.4508/2018 in the Court of JMFC, Bhopal is nothing but an abuse of law and therefore, same be quashed. The petitioner No.1 has already snapped in the matrimonial ties with the respondent. Therefore, the petition is unsustainable and allowing the proceedings to continue further would serve no purpose. Therefore, he has prayed for quashment of the proceedings. The petitioner No.1 has already snapped in the matrimonial ties with the respondent. Therefore, the petition is unsustainable and allowing the proceedings to continue further would serve no purpose. Therefore, he has prayed for quashment of the proceedings. 7. On a perusal of Annexure P/4 application filed under Section 12 of the the Act of 2005 by the estranged wife on 28.05.2018 before JMFC, Bhopal, it is revealed that she has prayed for an amount of Rs.20,000/- per month for her maintenance. As far the provisions of the the Act of 2005 are concerned. The Act of 2005 was enacted to provide for more effective protection of the rights of the women guarantee under constitution who are victims of violence of any kind occurring within family and for the matters connected therewith or incidental thereto under Section 12 of the Act of 2005. An aggrieved person or on her behalf protection officer may present an application to the Magistrate seeking one or more reliefs under the Act and relief sought may include a relief for issuance of an order for payment of compensation or damages without causing prejudice to the right of such person to institute his suit for compensation or damages of the injuries caused by the acts of domestic violence committed by the respondent. An application under Section 12 of the Act of 2005 cannot be disposed of without liberty of leading evidence and the Court of Magistrate deal with an application under Section 12 can evolve his own proceeding to regulate and pass final orders. 8. An application under Section 12 of the Act of 2005 cannot be disposed off without giving opportunity of leading evidence to the parties, this Court see no justification to quash the proceedings of the application under Section 12 of the Act of 2005 filed by the respondent/wife. It cannot be overlooked that Protection of Women from Domestic Violence Act, 2005 is a beneficial and subtle legislation for more effective protection of constitutional rights of the women and to ensure that they did not become victims of any kind of domestic violence. It is the Court which has to examine the allegations put forth by the respondent/wife and merits of the case can be scrutinized by the Courts concerned on merits after discussing the evidence. It is the Court which has to examine the allegations put forth by the respondent/wife and merits of the case can be scrutinized by the Courts concerned on merits after discussing the evidence. Therefore, this Court is of the view that proceedings pending under Section 12 of the Domestic Violence Act before the learned JMFC, Bhopal are not required to be quashed by exercising inherent powers under Section 482 of the Cr.P.C. 9. Hence, this petition being devoid of merits, is dismissed.