Criminal Procedure Code, 1973
Section 482—Maintainability of petition—Proceedings under Domestic Violence Act—A petition under Section 482 of the CrPC calling in question the entire proceedings before the concerned Court initiated under the Domestic Violence Act would be maintainable, only if the proceedings are challenged on the ground of abuse of the process of the law, as the Court of Session is not empowered to obliterate the proceedings holding it to be an abuse of the process of the law. [Protection of Women from Domestic Violence Act, 2005, Section 12]
[Para 17]
Section 482—Maintainability of petition—Proceedings under Domestic Violence Act—Any specific order passed by the concerned Court answering applications filed under Sections 18, 19, 20 or 22 of the Domestic Violence Act or any other interlocutory order would not be entertainable before the High Court in its jurisdiction under Section 482 of the CrPC—Aggrieved, by any order, has to prefer an appeal under 29 of the DV Act, as it is an alternative and statutory remedy available. [Protection of Women from Domestic Violence Act, 2005, Section 12]
[Para 17]
Section 482—Inherent powers of High Court—Petition for quashing of domestic violence proceedings—Finding the entire process initiated by the respondent against the present petitioners, the father-in-law and mother-in-law, to be an abuse of the process of the law, those proceedings are to be obliterated—Petition allowed. [Protection of Women from Domestic Violence Act, 2005, Section 12]
[Para 17 & 18]