The Allahabad High Court while disposing an application observed that merely quashing of charge sheet in criminal offence cannot be a ground to quash the proceeding under Domestic Violence Act.
A Single Bench of Justice Arun Kumar Singh Deshwal passed this order while hearing an application under section 482 Sushma & Another.
The application under Section 482 Cr.P.C has been filed for quashing the entire proceedings of Case under Section 12 Domestic Violence Act, 2005, Police Station- Jalesar, District Etah, pending in the court of C.J(J.D)/ F.T.C (Crime Against Women), Etah.
Contention of the counsel for the applicants is that on the basis of the same set of allegations opposite party no 2 had lodged an FIR i.e Case Crime 446 of 2021, P.S Jalesar, District Etah though after investigation, police had submitted a charge sheet against the applicants and his family members.
The applicants had challenged the charge sheet before the Court in Application u/s 482 Cr.P.C in which charge sheet against the applicants was quashed by the Court vide order dated 02.08.2021, therefore it is submitted the impugned proceedings may be quashed.
“Considering the submissions of the counsel for the parties and perusal of record, it appears that the criminal proceeding against the applicants has been quashed by the Court in an Application u/s 482 but merely quashing of charge sheet in criminal offence cannot be a ground to quash the proceeding under Domestic Violence Act.
The Court in the case of Amardeep Sonkar vs State of U.P and another decided on 05.04.2024 has already held that proceeding under Domestic Violence Act is civil in nature. It is undisputed that the applicants were residing with opposite party no 2 in shared house hold therefore the impugned proceeding cannot be quashed”, the Court observed while disposing the application.
It is open for the applicants to file objections under Domestic Violence cases against grant of civil relief, the order reads.