Court Can Exercise Inherent Powers U/S 482 CrPC In Domestic Violence Proceedings: Punjab & Haryana High Court
The Punjab & Haryana High Court has made it clear that the Court can exercise its inherent power under Section 482 CrPC on proceedings under the Domestic Violence (DV) Act.
Chief Justice Sheel Nagu and Justice Pankaj Jain said, "The scheme of the Act of 2005 (Domestic Violence Act) provides that all proceedings under Section 12 of the Act of 2005 are to be governed by the provisions of the Code of Criminal Procedure, 1973 and thus it is not possible to hold that Section 482 Cr.P.C. would not be applicable to the proceedings arising out of complaints filed under the Act of 2005."
The development came after a Single judge referred questions to the Division Bench, seeking clarification due to conflicting interpretations on the applicability of the jurisdiction of the High Court under Section 482 CrPC on the proceedings arising out of DV Act.
The Court mainly considered the question, "Once Section 28(1) prescribes that all proceedings under Sections 12, 18, 19, 20, 21, 22 and 23 and offences under Section 31 shall be governed by the provisions of Code of Criminal Procedure, 1973, can it be held that application of Section 482 Cr.P.C. is ousted?"
After analysing the provisions, the Court said, "It is too broad a proposition to hold that merely for the reason that the complaint under Section 12 of the Act of 2005 seeking relief as provided under Chapter IV deals with civil right, applicability of Section 482 Cr.P.C. is ousted."
The bench added, If we stretch it further, the natural corollary will be to hold that inherent powers of the High Court under the Code of Civil Procedure,1908 can be invoked and shall govern the complaint filed under Section 12 of the Act of 2005 as it deals with civil rights. Holding so will militate against the mandate of Section 28(1) of the Act of 2005.
The Court also said that there is no provision under the DV Act that ousted the jurisdiction of the Court under Section 482 CrPC.
Speaking for the bench Justice Pankaj Jain concluded that, "Section 482 Cr.P.C./528 B.N.S.S. is applicable qua proceedings arising out of complaint under Section 12 of the Act of 2005. The only exception is the cases where provisions of the Act of 2005 have been invoked in proceedings pending before Civil Court or Family Court."
Title: Hemant Bhagar and Ors v. Prekshi Sood Bhagat [along with connected matter]