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“When it comes to exercise of power under Section 482 CrPC in relation to application under Section 12(1), the High Court has to keep in mind the fact that the DV Act, 2005 is a welfare legislation. Therefore, while exercising jurisdiction under Section 482 CrPC for quashing proceedings under Section 12(1), the High Court should be very slow and circumspect”.
“The law requires that for an allegation of malafide to be sustained, it must be pleaded with specificity and supported by material facts. In the absence of mens rea, or a demonstrable element of ill-intention, such a prayer cannot be entertained.”
The Court reiterated that heinous offences and crimes against society cannot be quashed merely on the basis of compromise.
The Court directed the State to requisition and submit the case diary and relevant documents before the next date of hearing.
“A person who is single marrying another whose marriage is subsisting is not liable under Section 494 IPC, but the person whose marriage is subsisting would be liable.”
“It is relevant to note that the FIR need not disclose any specific offence. The FIR should indicate that prima facie an allegation of commission of an offence exists and such an allegation requires an investigation.”