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Provision Of Appeal U/S 29 Of Domestic Violence Act Not Bar On Filing Application For Quashing U/S 482 CrPC: Karnataka High Court

[21 December 2021]
The Karnataka High Court has held that the provision of Appeal under Section 29 of the Protection of Women from Domestic Violence Act does not take away the right of an aggrieved person to approach the High Court under Section 482 of Criminal Procedure Code for quashing of proceedings. Justice HP Sandesh, sitting at Kalaburagi bench, said, “Section 29 of the DV Act not takes away the right of the petitioners seeking an order under section 482 of Cr.P.C wherein the petitioners have attributed that very initiating of the DV Act against them is an abuse of process. Under such circumstances, the Court can exercise the powers under section 482 of Cr.P.C.” The court allowed the petition filed by Marepa and others seeking to quash the cases registered against them under sections 12, 18 (A) (f), 19 (f), and section 22 of the DV Act and the summons issued by the magistrate court dated November 21, 2020. It said, “The power under section 482 of Cr.P.C. includes the powers to quash FIR, investigation or any criminal proceedings pending before any Court subordinate to it. It has got a very broad definition of such powers under Section 482 of Cr.P.C can be exercised to meet the ends of justice to prevent abuse of process of any Court and make necessary to give effect to any order in the Court depending upon the facts of each given case.”

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