MUVVA BHARGAV Vs. STATE OF A.P

JUDGEMENT

(1.) These Criminal Petitions, under Sec. 482 of the Code of Criminal Procedure, 1973 (for short, "CrPC"),are filed by the respective petitioners to quash the proceedings initiated against them by the respective respondents under the provisions of the Protection of Women from Domestic Violence Act, 2005 (for short, "the DVC Act, 2005"). Since the issue involved in all the Criminal Petitions is one and the same, they are being disposed of, by way of this common order.

(2.) The question that crops up for consideration before this Court in these Criminal Petitions is -"as the remedies that are available under the provisions of the DVC Act, 2005 are civil in nature and as the proceedings under Sec. 28 (1) of the DVC Act, 2005 are governed by CrPC, whether the proceedings under Sec. 482 CrPC are maintainable or not in respect of the said proceedings?"

(3.) The DVC Act, 2005 was enacted to protect women from being victims of domestic violence and to prevent occurrence of domestic violence in the society. The main object of the Act is to protect women from all sorts of discrimination. The Legislation has been enacted to render justice to women who suffered domestic violence. "Domestic violence" constitutes both civil and criminal act perpetrated upon a woman in domestic relationship with husband or any of the relatives of husband. It is pertinent to mention here that the victim woman can be referred to, as an "aggrieved person". Under Sec. 2(g) of the Act, the word "domestic violence" has the same meaning as assigned to it under Sec. 3 of the Act. Sec. 3 of the Act reads thus: