SHYAMLAL DEVDA AND OTHERS versus PARIMALA

SHYAMLAL DEVDA AND OTHERS versus PARIMALA

The Metropolitan Magistrate, Bengaluru has jurisdiction under Section 27(1)(a) because the respondent resides there; however, proceedings against appellants Nos.3 to 13 were quashed for lack of specific allegations tying them to acts of domestic violence, while proceedings against appellants Nos.1, 2 and 14 may continue and be disposed of according to law.

Parties
Appellant: Shyamlal Devda and others; Respondent: Parimala
Jurisdiction
India
Judgment Date
22 January 2020
Procedural Posture
Criminal Appeal / Appeal to Supreme Court Against High Court Order Dismissing Petition Under Section 482 Cr.p.c.; Appeal Partly Allowed
Outcome
Appeal partly allowed
Legal Topics
Jurisdiction Under Section 27, Protection Order Under Section 18, Monetary Relief Under Section 20, Quashing of Proceedings Under Section 482 Cr.p.c.
Protection of Women From Domestic Violence Act, 2005 Criminal Procedure Family Law Jurisdiction Under Section 27 Protection Order Under Section 18 Monetary Relief Under Section 20 Quashing of Proceedings Under Section 482 Cr.p.c.

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Parties

Shyamlal Devda and others

Appellant

Parimala

Respondent

Procedural Posture

Criminal Appeal / Appeal to Supreme Court Against High Court Order Dismissing Petition Under Section 482 Cr.p.c.; Appeal Partly Allowed

Legal Issues

  1. 1 Whether the Metropolitan Magistrate, Bengaluru has jurisdiction to entertain complaint under the Domestic Violence Act
  2. 2 Whether summons/ proceedings against appellants Nos.3 to 13 should be quashed for lack of specific allegations of domestic violence
  3. 3 Whether proceedings against appellants Nos.1, 2 and 14 may continue

Ratio Decidendi

The Metropolitan Magistrate, Bengaluru has jurisdiction under Section 27(1)(a) because the respondent resides there; however, proceedings against appellants Nos.3 to 13 were quashed for lack of specific allegations tying them to acts of domestic violence, while proceedings against appellants Nos.1, 2 and 14 may continue and be disposed of according to law.

Court Disposition

Appeal partly allowed

Orders

  • Crl. Misc. No.53 of 2015 filed against appellants No.3 to 13 is quashed.
  • The VI Additional Metropolitan Magistrate at Bengaluru shall proceed with Crl. Misc. No.53 of 2015 against appellants No.1, 2 and 14 and dispose the same in accordance with law.