Court : Delhi
..... 12 of the protection of women from domestic violence act, 2005.5. ..... 12 of the domestic violence act were withdrawn.6 ..... am of the considered opinion that the matter deserves to be given a quietus, especially since the complainant is no longer interested in supporting the investigation in a matter arising largely out of domestic and matrimonial disputes; where the parties have decided to live together and continue with their marriage, and the complainant is no longer interested in supporting her case, thereby reducing the chances of success ..... 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 whether ..... additional public prosecutor appearing for the state submits that the matter is at the stage of investigation and since the matter pertains to a domestic and matrimonial dispute where the parties have settled the matter amicably and have decided to live together, no useful purpose would be served in continuing with the proceedings; particularly where the ..... aforesaid 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-ahmad zia khan .....
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..... as under section 12 of the protection of women from domestic violence act, 2005.5. ..... of the considered opinion that the matter deserves to be given a quietus, especially since the complainant is no longer interested in supporting the investigation in a matter arising largely out of domestic and matrimonial disputes; where the parties have decided to live together and continue with their marriage, thereby reducing the chances of success of the prosecution, if launched.9. ..... 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 whether the offence under section ..... additional public prosecutor appearing for the state submits that the matter is at the stage of investigation and since the matter pertains to a domestic and matrimonial dispute where the parties have settled the matter amicably and have decided to live together, no useful purpose would be served in continuing with the proceedings; particularly where the complainant is no longer ..... the aforesaid 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-sumit kumar on 20th february .....
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..... (2008) 4 scc649to submit that protection of women from domestic violence act, 2005 provide a higher right in favour of wife and the said right cannot be curtailed by a civil court while deciding application under order xii rule 6 of cpc. ..... set aside and respondent s application under order 12 rule 6 of cpc is dismissed at this stage while not going into the merits of the case, with liberty to respondent to get the order of 11th july, 2014 vacated from the concerned mahila court and thereafter to file a fresh application under order 12 rule 6 of cpc. .....
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..... the complainant had also initiated proceedings under section 12 of the protection of women from domestic violence act, 2005, and section 125 cr.p.c. ..... considered opinion that the circumstances of the case require that a quietus be given to the matter, where the parties have amicably resolved all their disputes which are primarily of matrimonial and domestic nature, and where the complainant and the first petitioner have obtained a divorce by mutual consent, and the complainant is no longer interested in supporting the prosecution.8. ..... 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 whether the offence ..... stated that the aforesaid fir came to be lodged at the instance of the complainant as a consequence of certain domestic and matrimonial disputes between the parties consequent upon the marriage of the complainant with the first petitioner, paritosh sharma, on ..... in terms of the settlement arrived at between the parties, they initiated appropriate proceedings and have also obtained a divorce by mutual consent under section 13 b (2) of the hindu marriage act,1955 whereby their marriage has been dissolved by a decree of divorce by mutual consent in hma petition no.925/2014. .....
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..... the complainant had also initiated proceedings under section 12 of the protection of women from domestic violence act, 2005, and section 125 cr.p.c. ..... considered opinion that the circumstances of the case require that a quietus be given to the matter, where the parties have amicably resolved all their disputes which are primarily of matrimonial and domestic nature, and where the complainant and the first petitioner have obtained a divorce by mutual consent, and the complainant is no longer interested in supporting the prosecution.8. ..... 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 whether the offence ..... stated that the aforesaid fir came to be lodged at the instance of the complainant as a consequence of certain domestic and matrimonial disputes between the parties consequent upon the marriage of the complainant with the first petitioner, paritosh sharma, on ..... in terms of the settlement arrived at between the parties, they initiated appropriate proceedings and have also obtained a divorce by mutual consent under section 13 b (2) of the hindu marriage act,1955 whereby their marriage has been dissolved by a decree of divorce by mutual consent in hma petition no.925/2014. .....
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..... the complainant had also initiated proceedings under section 12 of the protection of women from domestic violence act, 2005, and section 125 cr.p.c. ..... considered opinion that the circumstances of the case require that a quietus be given to the matter, where the parties have amicably resolved all their disputes which are primarily of matrimonial and domestic nature, and where the complainant and the first petitioner have obtained a divorce by mutual consent, and the complainant is no longer interested in supporting the prosecution.8. ..... 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 whether the offence ..... stated that the aforesaid fir came to be lodged at the instance of the complainant as a consequence of certain domestic and matrimonial disputes between the parties consequent upon the marriage of the complainant with the first petitioner, paritosh sharma, on ..... in terms of the settlement arrived at between the parties, they initiated appropriate proceedings and have also obtained a divorce by mutual consent under section 13 b (2) of the hindu marriage act,1955 whereby their marriage has been dissolved by a decree of divorce by mutual consent in hma petition no.925/2014. .....
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..... it may be noted here that the proceedings pending before the trial court are under the relevant provisions of the protection of women from domestic violence act, 2005 (hereinafter referred to as the act ) and the petition under section 12 of the said act for grant of interim relief is still pending adjudication before the trial court. ..... in support of his contention, the petitioner has relied upon the copy of order dated 11.08.2014 downloaded from the internet purportedly passed by relieving metropolitan magistrate, mahila court (south-east district), new delhi during first half of the day on 11.08.2014 as the concerned metropolitan magistrate happened to be on leave during pre-lunch session.3. ..... be that as it may, the main bone of contention as agitated before this court from the side of the petitioner is that he was proceeded ex-parte on 23.08.2014 and there was bonafide reason for his non-appearance on 23.08.2014 before the trial court.6. ..... learned trial court is directed to decide the interim application under section 12 of the act, after hearing both the parties in accordance with law. .....
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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 .....
Tag this Judgment!Court : Delhi
..... 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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