Madhya Pradesh High Court
Sandeep Raghuvanshi vs The State Of Madhya Pradesh on 22 January, 2025
Author: Vishal Dhagat
Bench: Vishal Dhagat
NEUTRAL CITATION NO. 2025:MPHC-JBP:3508
1 MCRC-55085-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 22nd OF JANUARY, 2025
MISC. CRIMINAL CASE No. 55085 of 2023
SANDEEP RAGHUVANSHI AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Pramod K. Thakre - Advocate for petitioners.
Ms. Shikha Sharma - Govt. Advocate for respondent-State.
Shri Aman Chourasiya - Advocate for respondent no.2.
ORDER
Counsel appearing for respondent no.2 submitted that petition under
Section 482 of Cr.P.C is not maintainable against the case, which is filed
under the Protection of Women from Domestic Violence Act, 2005.
2. Counsel appearing for petitioners submitted that proceedings are
quasi criminal in nature under the Act. Therefore, petition is maintainable.
3. Heard on the question of maintainability of petition.
4. Claim for maintenance, protection orders, residence orders, custody
orders and compensation orders are passed under the Protection of Women
from Domestic Violence Act, 2005, only when aggrieved person is subjected
to harms, injuries to his health, safety, life, limb or well being. Act of a
person causes harm, damage, injury to body. Further some offences are also
made punishable under that.
Signature Not Verified
Signed by: NEETI TIWARI
Signing time: 04-02-2025
17:56:06
NEUTRAL CITATION NO. 2025:MPHC-JBP:3508
2 MCRC-55085-2023
5. In view of same, proceedings are criminal in nature. Petition is
maintainable.
6. Parties are heard on merits of the case.
7. Counsel appearing for petitioner submitted that prior to registration
of the complaint under Domestic Violence Act i.e. on 12.07.2023, petitioner
has preferred a petition under Section 12 of Hindu Marriage Act for
declaring marriage to be null and void. Said petition was filed on
12.05.2023, respondent no.2, as a counter blast and as an afterthought has
preferred an application under the Domestic Violence Act. She had also filed
a criminal complaint making allegations under Section 498-A, 377, 506, 34
of IPC and 3 & 4 of Dowry Prohibition Act. Said offences registered against
petitioner Nos.3 & 4 were quashed by this Court in M.Cr.C.No.39515/2023
vide order dated 17.09.2023. It is submitted that petitioners have falsely been
implicated in the case. In these circumstances, prayer is made for quashing of
the case registered against petitioners under Domestic Violence Act.
8. Counsel appearing for respondents submitted that respondent no.2
was assaulted and abused by the family members and demand of dowry has
also been made. Prima-facie, allegations of domestic violence has been made
against petitioners and it will be too early to quash allegations of domestic
violence against them.
9. Heard learned counsel for parties.
10. Domestic Violence has been defined in Section 3, which is
reproduced as under :
For the purposes of this Act, any act, omission or
Signature Not Verified
Signed by: NEETI TIWARI
Signing time: 04-02-2025
17:56:06
NEUTRAL CITATION NO. 2025:MPHC-JBP:35083 MCRC-55085-2023
commission or conduct of the respondent shall constitute domestic
violence in case it–
(a) harms or injures or endangers the health, safety, life,
limb or well-being, whether mental or physical, of the aggrieved
person or tends to do so and includes causing physical abuse,
sexual abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved
person with a view to coerce her or any other person related to her
to meet any unlawful demand for any dowry or other property or
valuable security; or
(c) has the effect of threatening the aggrieved person or any
person related to her by any conduct mentioned in clause (a) or
clause (b); or
(d) otherwise injures or causes harm, whether physical or
mental, to the aggrieved person.
On going through the complaint case, it is found that prima-facie
allegations of domestic violence have been made against petitioners. Prayer
is made for orders under Section 18, 19, 20, 22 & 12 of Protection of
Women from Domestic Violence Act, 2005. Complaint is to be taken on its
face value. Defense of the petitioners may not be considered at this stage.
11. A petition under 482 of Cr.P.C. will not essentially give a cause for
quashing a case of domestic violence because FIR is quashed by Court.
Incident of domestic violence and that regarding which FIR was filed are
different and nature of violence or harassment is also different. Truthfulness
Signature Not Verified
Signed by: NEETI TIWARI
Signing time: 04-02-2025
17:56:06
NEUTRAL CITATION NO. 2025:MPHC-JBP:3508
4 MCRC-55085-2023
of allegations cannot be adjudged in a petition under Section 482 of Cr.P.C.
12. Considering the totality of facts and circumstances of the case,
petition is dismissed.
(VISHAL DHAGAT)
JUDGE
nd
Signature Not Verified
Signed by: NEETI TIWARI
Signing time: 04-02-2025
17:56:06
