Criminal Procedure Code, 1973
Section 482 (Sec. 528 of the BNSS, 2023)—Exercise of power of High Court to quash domestic violence proceedings—There are two parts of Section 482 of CrPC (Sec. 528 of the BNSS, 2023)—Which part is applicable—Discussed.
[Paras 31 & 32]
Section 482 (Sec. 528 of the BNSS, 2023)— Exercise of power of High Court to quash domestic violence proceedings—High Court can exercise power under Section 482 of CrPC (Sec. 528 of the BNSS) for quashing the proceedings emanating from the application under Section 12(1) of the Domestic Violence Act, pending before the court of Magistrate—However, considering the object of the DV Act, the High Courts should exercise caution and circumspection when dealing with an application under Section 12(1) of the Act—Normally, interference under Section 482 of CrPC (Sec. 528 of the BNSS, 2023) is warranted only in the case of gross illegality or injustice.
[Para 39]
Protection of Women from Domestic Violence Act, 2005
Section 1—Object of Act—Domestic Violence Act was enacted with the object of providing more effective protection to the rights of women guaranteed under the Constitution who are the victims of violence of any kind occurring within the family—Act of 2005 has been enacted to tackle the menace of domestic violence faced by woman in our society—A very wide meaning has been assigned to the term “domestic violence” in the Domestic Violence Act.
[Para 12]
Section 12—Scheme of Section 12 vis a vis Section 200 of CrPC (Sec. 223 of the BNSS)—An application under Section 12 of the Domestic Violence Act cannot be equated with a complaint within the meaning of Section 200 of CrPC (Sec. 223 of the BNSS)—As provided in sub-section (4) of Section 12, read with sub-section (1) of Section 13, the normal rule is that a notice of hearing must be issued on the application—Scheme of Section 12 is completely different from Section 200 of the CrPC (Sec. 223 of the BNSS).
[Para 18 & 21]
Section 12—Nature of proceedings—Decisions of High Courts taking a view that jurisdiction under Section 482 of CrPC (Sec. 528 of the BNSS, 2023) is not available to quash proceedings of an application under Section 12 (1) of the Domestic Violence Act—Incorrect—As the decisions are primarily based on the premise that proceedings under Section 12(1) of the DV Act are predominantly of a civil nature.
[Para 37]