Home > PWDVA 2005 > Supreme Court: Wife cannot implicate one and all in Domestic Violence case…Quashed against 9 respondents

Supreme Court: Wife cannot implicate one and all in Domestic Violence case…Quashed against 9 respondents

Supreme Court of India
Ashish Dixit & Ors. vs State Of U.P. & Anr. on 7 January, 2013
Author: …………………..J.
Bench: H.L. Dattu, Chandramauli Kr. Prasad

, , , ,

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 43 OF 2013

(SPECIAL LEAVE PETITION (CRL.)NO.8522 OF 2010) ASHISH DIXIT & ORS. APPELLANTS VERSUS

STATE OF U.P. & ANR. RESPONDENTS O R D E R

1. Leave granted.

2. This appeal is directed against the judgment and order dated 05.07.2010 passed by the High Court of Judicature at Allahabad in Criminal Miscellaneous Application No.8358 of 2008. By the impugned judgment and order, the High Court has refused to quash the proceedings initiated against the petitioners by the respondent no.2-wife, under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for brevity “the Act, 2005”).

3. In the petition filed by respondent no.2, apart from arraying her husband and her parents-in-law as parties to the proceedings, has included all and sundry, as

: 2 :

respondents. To say the least, she has even alleged certain actions said to have been done by the tenant whose name is not even known to her.

4. In a matter of this nature, we are of the opinion that the High Court at least should have directed that the petition filed by respondent no.2 be confined to her husband as also her parents-in-law and should not have allowed the impleadment of respondent nos.4 to 12.

5. In view of the above, while allowing this appeal in part, we quash the proceedings as against appellant nos. 4 to 12 in Case No.240 of 2007. We direct the learned Chief Judicial Magistrate, Agra to proceed with the aforesaid case; only against the husband i.e. Shri Ashish Dixit, S/o. Padmakar Dutt Sharma, her father in law, Shri Padmakar Dutt Sharma, S/o.late Pt.Diwakar Dutt Sharma and Smt.Girja Dixit, W/o.Shri Padmakar Dutt Sharma, her mother in law.

: 3 :

6. We are of the opinion that the direction issued by the High Court, inter-alia, directing the appellants herein to appear before the Trial Court and seek bail is wholly unnecessary. …………………..J.

(H.L. DATTU)

…………………..J.

(CHANDRAMAULI KR. PRASAD)

NEW DELHI;

JANUARY 07, 2013.

  1. Sundar
    February 18, 2013 at 2:48 pm

    Thanks for posting this…
    In the judgment, parents -in-law are not excluded ( that too mother-in-law also)
    so this is still painful ! When can we be free from false cases ?

  2. MIL (@dhulianeena)
    February 19, 2013 at 2:16 pm

    Yet in every complaint of a wife or a daughter-in-law the mother-in-law is the main target along with the husband . lt this same woman leave her parents if the husband and in-laws demand it , that she willnot do.

  3. chitranjan kumar
    March 6, 2013 at 3:52 pm

    I could not understand why and under what provision the lower court asked them to take bail. D/V case is a civil case and there is no penal provision in it until someone violates the protection orders of court. Can anybody explain plz?

    • 498agladiator
      March 12, 2013 at 11:26 am

      DV is Quasi Criminal….and the Husband move petition in Criminal Appeal….It can be seen when you apply for Discharge

  4. Amizhdhu Parimala
    July 10, 2013 at 8:20 am

    this act is a bundle of confusion. unless there is a judicial pronouncement givig clarity to the sections this act is going to be a battle ground and one more crticism that the law is an ass and anybody can employ it for their own whims and fancies../f

  1. No trackbacks yet.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Fight for Justice

A crusaders blog for inspiring thought.

Stand up for your rights

Gender biased laws

MyNation Foundation - News

News Articles from MyNation, india - News you can use

498afighthard's Blog

Raising Awareness About Gender Biased Laws and its misuse In India

The WordPress.com Blog

The latest news on WordPress.com and the WordPress community.

%d bloggers like this: