Domestic Violence Quash Judgement 10.01.2022 Karnataka High court – Allegations made against the maternal uncle of the husband are untrue in the act of Domestic Violence. DV Criminal Case Quashed.
 |
| Domestic Violence Quash Judgement 10.01.2022 |
Read More Judgements on DV Criminal Case Quashed
Khandu @ Khandoba S/O Sadashiva vs Smt.Mala W/O Krishna Mokashi on 10.01.2022
Domestic Violence Quash Judgement 10.01.2022 – In this article, the Karnataka High court has held that the allegations made against the maternal uncle of the husband are untrue and don’t attract the provisions of the Domestic Violence Act. It was stated that the maternal uncle who is the only petitioner in this case has caused abuse to the wife on a particular day which does not amount to an offence under the Domestic Violence Act. Therefore, the Karnataka High court quashed the criminal case against the petitioner.
The husband and wife got married according to their rituals and customs. The relationship between the husband and the wife was going on smoothly initially unless one-day problems started to bud in between them.
Their
relationship turning sore became the reason for filing this complaint on
19.12.2012 and led to the initiation of the criminal proceedings, in which the
only allegation made against the present petitioner is that he had caused abuse
to the wife on a particular day, for the reason of preparation of food, except
this statement there is nothing that is forthcoming in the complaint. The
allegations made are for the offences punishable under the Domestic violence
Act, 2005.
The contents made in the complaint cannot link
the petitioner to the alleged offences punishable under the Domestic violence
Act, being the maternal uncle, as is narrated in the complaint. Therefore,
permitting any proceedings against the petitioner to continue would be an abuse of the process of law.
Read judgement on Domestic Violence 22.07.2020 - Bald statements without any specific details against the distant relatives. Petition Dismissed.
Read 10 Tips to Counter Claim of Maintenance under Section 125 CrPC. when life leaves the husband without any reasonable cause and maintenance can be denied.
Referred Cases – Domestic Violence Quash Judgement 10.01.2022
1.
In
this case, the question of territorial jurisdiction was just one of the grounds
for quashing the proceedings along with the other grounds and, therefore, the
High Court examined whether the prosecution case was fit to be quashed on other
grounds or not.
In
this case, when the brother and unmarried sister of the husband approached the
High Court for quashing the proceedings initiated against them, on the ground
of lack of territorial jurisdiction and also on the ground that no case was
made out against them even if the allegations were taken at the face value. No offence
was conducted as to attract the provisions under Sections 498A, 323, 504, 506
IPC including Sections 3 and 4 of the Dowry Prohibition Act.
It
was the legal duty of the High Court to examine whether there was prima facie evidence
against the petitioners so that they could be directed to undergo the trial,
besides the question of territorial jurisdiction. The High Court seems to have
overlooked all the pleas that were raised before it and rejected the petition
on the sole ground of territorial jurisdiction giving liberty to the petitioners
to approach the trial court.
2.
Rashmi Chopra vs. State of Uttar Pradesh
Similar
is the situation, in this case, there are allegations of overt act indicating
the complicity of the family members named in the FIR, if the FIR as it does
not disclose the specific allegations against the petitioners but is more so
against the husband, especially in a matter arising out of the matrimonial dispute,
it would be a clear abuse of the legal and judicial process to knowingly make
the named accused in the FIR to undergo the trial.
3. Ramesh v. State of Tamil Nadu
________________________________________________________________________________
Contact For Counseling to discuss Your case For Right Solutions
_______________________________________________________________________________
Court opinion - Domestic Violence Quash Judgement 10.01.2022
After
going through the complaint, the High court’s view is that though we, deem it
just and legally appropriate to quash the proceedings initiated against the petitioner
as the FIR does not disclose any material evidence which could be held to be
constituting an offence against the petitioner.
Therefore,
we are pleased to quash and set aside the criminal proceedings initiated
against the petitioner.
_______________________________________________________________________________
_______________________________________________________________________________
Conclusion - Domestic Violence Quash Judgement 10.01.2022
In this article, the
Karnataka High court has held that the aforesaid case that is before the
Hon'ble Apex Court concerning the complainant who has dragged the distant
maternal uncle of the husband into a proceeding which is primarily against the
husband.
Therefore, in the light of the facts obtained in the present case and the judgment of the Hon'ble Apex Court as afore quoted, this petition deserves to succeed as allowing the conduct of the trial against the petitioner would result in a miscarriage of justice.
Blogger Comment
Facebook Comment