Question of facts cannot be adjudicated upon under Section 482 CrPC; death of husband not to result in abatement of proceedings under DV Act

Question of facts cannot be adjudicated upon under Section 482 CrPC; death of husband not to result in abatement of proceedings under DV Act

Vijay Laxmi vs Madhu Joshi

Delhi HC

06/09/2018

Crl. MC No. 4352 of 2015

About/from the judgment:

The High Court dismissed a criminal petition filed under Section 482 CrPC for quashing of criminal proceedings against the petitioners under the Protection of Women from Domestic Violence Act, 2005.

 

The respondents had invoked the provision contained in Section 12 of the Act against one Lalit Mohan Joshi, husband of Respondent 1, since deceased. The provision was also invoked against family members (present petitioners) of the husband. The petitioners approached the Court seeking quashing of the said proceedings on the grounds, inter alia, that they were senior citizens, the allegations against them were small and bald, no case of domestic violence was properly brought out, intention of the respondent was to cause harassment and to gain wrongful possession of their property.

 

The High Court, at the outset, observed that to say the least, the petition was wholly misconceived. Questions of facts cannot ordinarily, and in absence of evidence of unimpeachable character to the contrary, be properly inquired into or adjudicated upon in jurisdiction under Section 482 CrPC. Reference in this connection was made to Rajiv Thapar v. Madan Lal Kapoor, (2013) 3 SCC 330. Furthermore, it was observed that the fact of death of the husband cannot result in the criminal proceedings coming to an end. After all, allegations were also made against the petitioners who were related to the respondents by marriage or birth. The Court held that the claim of the respondents for compensation for the injuries suffered as a result of alleged acts of domestic violence could not be brushed aside; it would need to inquired into and adjudicated upon in accordance with law. The petition was, thus, dismissed.

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