Petition U/s 482 CrPC Challenging Domestic Violence Act Proceedings Maintainable: Meghalaya High Court

The Meghalaya High Court has held that petition under Section 482 of the Code of Criminal Procedure before it challenging Domestic Violence Act proceedings is maintainable.

In this case, it was contended that the proceedings under the DV Act, 2005 are purely civil in nature and the relief contemplated under Sections 18 to 22 are civil reliefs with no criminal liabilities and as such, the enquiry is not a trial of criminal case, which will attract the provision of Section 482 Cr.P.C.

The Court noted that the Section 28 of the DV Act  specifically provides that all proceedings under Sections 12, 18, 19, 20, 21, 22 and 23 as well as Section 31 shall be governed by the provisions of the Code of Criminal Procedure, though liberty was also given to the court to lay down its own procedure. The court further noted that the applicability of Section 28 of the DV Act in criminal proceedings was emphasized by the Hon'ble Supreme Court in the case of Satish Chander Ahuja case.

"This Court is not in agreement with the submission of the learned counsel for the Respondent No. 2 on the observation of the Hon'ble Supreme Court in the said case of Satish Chander Ahuja (supra) to say that it is limited, when it is clearly seen that the Hon'ble Supreme Court has clearly spelt out its position on the nature of proceedings under the DV Act, 2005 being governed by the procedure under the Code of Criminal Procedure which is only a reiteration of the stated provision of Section 28 and as such, the relief or remedy may be civil in nature, but the procedure to be followed under the DV Act, particularly for proceedings under Sections 12, 18, 19, 20, 21, 22 and 23 as well as under Section 31 has to be governed by the provisions of the Code of Criminal Procedure. Even reference to paragraph 146 would also show that Section 19 of the DV Act which is under consideration, is one of the section indicated above to be governed by the procedure of Code of Criminal Procedure.. It is also a fact that Section 482 Cr.P.C provides for inherent power on the High Court to make such order as may be necessary to give effect to any order under the Code and as stated above, proceedings under the DV Act being governed by the procedure under the Cr.P.C, therefore the logical conclusion would be that an application under Section 482 is maintainable qua order passed under Sections 12, 18, 19, 20, 21, 22 and 23 of the DV Act"., Justice W. Diengdoh  said.

The court disagreed with the contrary view taken by the Kerala and Madras High Courts on this issue. 

Examining the petition on merits, the court held that the Petitioner has not been able to make out a case for exercise of inherent power under section 482 CrPC.

Case: Masood Khan vs . Smti. Millie Hazarika [Crl.Petn. No. 1 of 2021]

Coram: Justice W. Diengdoh 

Counsel : Adv S. Sarma, Adv S. Sen

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