Court : Delhi
..... respondent/mother had filed a petition under section 12 of the protection of women from domestic violence act, 2005 and inter alia asked for custody of the minor child aged about 2 years.3. ..... subject petition under section 12 of the protection of women from domestic violence act was filed on 31.01.2017. ..... perusal of the reports show that substantial progress was made in the relationship between the mother and the child from the first crl.rev. p.. ..... on 12.04.2018, under orders from this court, the child was produced in court. .....
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..... that the dispute between the parties also led to two other cases being preferred, both by the second respondent one under section 12 of the protection of women from domestic violence act, 2005 and the other under section 125 of the code of criminal procedure, 1973 (cr. pc). ..... of the dispute with the first petitioner and others, the parties having already ended their marriage by a divorce as per muslim law on 19.12.2018, she having already withdrawn petition under domestic violence act having received at that stage, rs.5 lakh from the first petitioner, this being the first instalment of the total amount of rs.10 lakhs which she has agreed to receive to forgo the cases and towards her full and final claim ..... as it may, the parties were referred to delhi mediation centre at tis hazari courts in the context of the case (cc no.398/2012) arising out of the domestic violence petition where they agreed to settle the matter amicably by executing a settlement deed dated 06.12.2018, copy whereof has been filed with the petition.3. ..... or serious offences, including those involving indeed economic offences affecting the financial and economic well being of the state , such as murder, attempt forgery, rape, dacoity, financial or economic frauds, cases under arms act, etc. ..... from out of the said wedlock, a male child named mohammad took birth ..... act - or matrimonial dispute or family dispute , genuine resolution on equitable terms, in entirety, by the parties should result in criminal proceedings being .....
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..... 1.the present petition has been filed by the petitioners, who are father-in-law and mother-in-law, for quashing a complaint under section 12 of protection of women from domestic violence act, 2005 qua them, made by respondent no.2. ..... petitioner no.1 was heart patient and petitioner no.2 was suffering from eye sight problem and they had been unnecessary made parties to the application under domestic violence act and therefore application qua them should be quashed.2. ..... i, therefore consider that the learned mm where the application is pending shall consider all facts and decide the existence of domestic relationship between the parties and the orders under the act should be passed only after considering whether any domestic relationship existed between the petitioner and the respondent. ..... it is the duty of metropolitan magistrate, where the application has been made, to ensure whether a domestic relationship existed between the applicant and the petitioners in view of judgment of this court in criminal m.c.no. ..... she was not having harmonial relations with her husband and was living separate from her husband for the last 10 years in the same house at first floor. ..... there was no domestic relationship or shared household between petitioners and respondent no.2. .....
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..... a petition under sections 12 and 23 of the protection of women from domestic violence act, 2005 (in short pwdv act ) was filed by the respondent before the learned metropolitan magistrate wherein the petitioner, who is the husband of the respondent, was summoned. ..... in the complaint under section 12 of pwdv act, the respondent stated that she had been residing at gona house, mainpura bagicha, lct ghat, ps patliputra, patna, bihar since 11th may, 1988 to 31st august, 2015 and has suffered unabated continuous acts of domestic violence and apprehends repetition of the acts of domestic violence from the petitioner. ..... the same was found necessary in order to protect innocent persons from being harassed by unscrupulous persons and making it obligatory upon the magistrate to enquire into the case himself, or to direct investigation to be made by a police officer, or by such other person as he thinks fit for the purpose of finding out ..... (g) inquiry means every inquiry, other than a trial, conducted under this code by a magistrate or court; it is evident from the aforesaid provision, every inquiry other than a trial conducted by the magistrate or the court is an inquiry. ..... the words and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction were inserted by section 19 of the code of criminal procedure (amendment) act (central act 25 of 2005) w.e.f. ..... the provisions of section 202 crpc were amended vide the amendment act, 2005, making it [ed. .....
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..... it is further contended that after lodging a complaint with the crime against women cell, a complaint was lodged under section 12 of the protection of women from domestic violence act, 2005. ..... it is further submitted by learned counsel for the petitioners that none of the above referred complaints starting from the first complaint lodged on 02.08.2016, no allegation was made against the petitioners of having committed the offence under section 376 ipc. ..... 1850-2017 page 3 of 4 the protection granted earlier and there is no allegation that they have failed to join investigation as and when called upon to do so.8. ..... it is further contended that interim protection was granted to the petitioner on 14.09.2017, which is continuing till date and none of the petitioners have misused the same.7. ..... learned counsel for the petitioners contends that the complainant is an advocate by profession and, because a matrimonial discord, had first lodged a complaint with the crime against women cell on 02.08.2017 alleging demands of dowry. .....
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..... the proceedings under protection of women from domestic violence act, 2005, section 125 ..... i (petitioner no.1) shall withdraw the proceedings under the domestic violence act and the complaint from the caw rev.pet.263/2016 in cont.cas321/2015 page 3 of 18 cell filed against the petitioner no.2 and his family ..... shall withdraw the proceedings pending before the family court under domestic violence act; and the complaint filed against respondent with caw cell. ..... to withdraw my petition under the domestic violence act pending in the court of ms ..... relating to the maintenance and custody of the minor child, master vaibhav and the respondent took over the permanent custody of the minor child along with entire responsibility of maintaining the child which is clear from the joint statement of the parties on oath and the orders of the family court, rohini on 24th january, 2013 in ham no.2/2012 under section 18 of the hindu rev.pet.263/2016 in ..... dissolution of marriage by mutual consent 2.1 on 17th october, 2011, the parties filed a joint petition, hma no.1035/2011 for dissolution of their marriage by mutual consent under section 13b of the hindu marriage act, 1955 on the following terms: (i) the respondent shall pay rs.25,00,000/- to the petitioner in full and final settlement of all her claims in respect of dowry, stridhan articles, maintenance-past, present and ..... dissolved by a decree of divorce by mutual consent under section 13(b)(2) of the hindu marriage act, 1955 with effect from today. .....
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..... it appears that the parties also came to be involved in certain other cases including a petition under section 12 of protection of women from domestic violence act, 2005 and a case for divorce filed by the first petitioner. ..... no.227/2019 page 2 of 7 affidavit she has confirmed that she has already received rs.5 lacs in two instlament before the family court and that the domestic violence case has also been withdrawn, the decree of divorce having been granted.6. ..... in heinous or serious offences, including those involving indeed economic offences affecting the financial and economic well being of the state , such as murder, attempt forgery, rape, dacoity, financial or economic frauds, cases under arms act, etc. ..... from out of the said wedlock, a male child named deepanshu took birth on 14.10.2008. ..... justice r.k.gauba1 order (oral) the second respondent was married to the first petitioner as per hindu rites and ceremonies on 07.09.2005. ..... act - or matrimonial dispute or family dispute , genuine resolution on equitable terms, in entirety, by the parties should result in criminal proceedings being quashed. (v). .....
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..... the protection of women from domestic violence act, 2005.5. ..... of the domestic violence act were withdrawn ..... on the other hand, where the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the high court should refrain from exercising its power under section 482 of the code, as in such cases the trial court would be in a position to decide the case finally on merits and to come a conclusion as to ..... additional public prosecutor appearing for the state submits that looking to the overall circumstances and since the matter pertains to domestic and matrimonial dispute; where the parties have amicably settled the matter and have obtained divorce by mutual consent; and the complainant is no longer interested in supporting the prosecution, no ..... fir is stated to have been lodged by respondent no.2/complainant consequent upon certain matrimonial and domestic disputes that arose between the parties pursuant to her marriage with petitioner no.1-roshan lal ..... , rs.4,00,000/- has already been paid to respondent no.2; which includes, inter alia, rs.2,00,000/which was released from this court where the said amount was deposited by petitioner no.1 at the time of seeking anticipatory bail as ..... similarly, for offences alleged to have been committed under special statute like the prevention of corruption act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of .....
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..... the protection of women from domestic violence act, 2005.5. ..... of the domestic violence act were withdrawn ..... on the other hand, where the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the high court should refrain from exercising its power under section 482 of the code, as in such cases the trial court would be in a position to decide the case finally on merits and to come a conclusion as to ..... additional public prosecutor appearing for the state submits that looking to the overall circumstances and since the matter pertains to domestic and matrimonial dispute; where the parties have amicably settled the matter and have obtained divorce by mutual consent; and the complainant is no longer interested in supporting the prosecution, no ..... fir is stated to have been lodged by respondent no.2/complainant consequent upon certain matrimonial and domestic disputes that arose between the parties pursuant to her marriage with petitioner no.1-roshan lal ..... , rs.4,00,000/- has already been paid to respondent no.2; which includes, inter alia, rs.2,00,000/which was released from this court where the said amount was deposited by petitioner no.1 at the time of seeking anticipatory bail as ..... similarly, for offences alleged to have been committed under special statute like the prevention of corruption act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of .....
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..... the protection of women from domestic violence act, 2005.5. ..... of the domestic violence act were withdrawn ..... on the other hand, where the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the high court should refrain from exercising its power under section 482 of the code, as in such cases the trial court would be in a position to decide the case finally on merits and to come a conclusion as to ..... additional public prosecutor appearing for the state submits that looking to the overall circumstances and since the matter pertains to domestic and matrimonial dispute; where the parties have amicably settled the matter and have obtained divorce by mutual consent; and the complainant is no longer interested in supporting the prosecution, no ..... fir is stated to have been lodged by respondent no.2/complainant consequent upon certain matrimonial and domestic disputes that arose between the parties pursuant to her marriage with petitioner no.1-roshan lal ..... , rs.4,00,000/- has already been paid to respondent no.2; which includes, inter alia, rs.2,00,000/which was released from this court where the said amount was deposited by petitioner no.1 at the time of seeking anticipatory bail as ..... similarly, for offences alleged to have been committed under special statute like the prevention of corruption act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of .....
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