Facts
The petitioners, who were the sister and brother-in-law of the respondent’s husband, sought to quash proceedings against them as accused Nos. 4 and 5 in Crl. Misc. No. 168/2023, instituted under Section 12 of the Protection of Women from Domestic Violence Act, 2005, before the Principal Civil Judge and JMFC, Bailhongal
Source reference: p.1–3The respondent and petitioners filed a joint memo and affidavits stating that the respondent had settled her matrimonial dispute with her husband and agreed to quashing the proceedings against the petitioners
Source reference: p.3–7The High Court considered the matter on the basis of that settlement
Source reference: p.3Issues
1. Whether the proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005, against the petitioners could be quashed in view of the parties’ settlement
Source reference: p.3–42. Whether continuing those proceedings against the petitioners would amount to an abuse of the process of law
Source reference: p.7Law Applied
The petition invoked Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, corresponding to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005
Source reference: p.2–3The Court applied the principle that proceedings may be quashed where, in light of a settlement between the parties, their continuation would amount to an abuse of the process of law
Source reference: p.7No precedent was cited.
Source reference: no citationReasoning
The Court reviewed the joint memo and affidavits and found that the dispute had been settled between the respondent and the petitioners without compulsion or coercion, with the respondent’s husband also having undertaken to settle the disputes
Source reference: p.7Given the settlement and the respondent’s agreement to quashing, the Court concluded that continuing the proceedings against the petitioners would serve no purpose and would constitute an abuse of process
Source reference: p.7Holding
The Court allowed the petition and quashed Crl. Misc. No. 168/2023 insofar as it concerned the petitioners, accused Nos. 4 and 5, for the alleged offence under Section 12 of the Protection of Women from Domestic Violence Act, 2005
It also allowed I.A. No. 1/26 and directed the Registry to return the trial court records; pending applications were disposed of
Source reference: p.8Acts & Sections Cited
3 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.
Code of Criminal Procedure, 19731
Bharatiya Nagarik Suraksha Sanhita, 20231
Protection of Women from Domestic Violence Act, 20051
Original Court PDF
SMT. NASARINA SHANUR VALIKAR ALIAS WALIKAR BEFORE MARRIGE NASHRINBANU YAKOSHIvsSMT. MEHARUNNISA SUBHANI YAKUSU
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