Petitions U/S 482 CrPC Not Maintainable For Challenging Proceedings U/S 12 Domestic Violence Act: Himachal Pradesh High Court

While reiterating that petitions under Section 482 CrPC are not maintainable for challenging the proceedings under Section 12 of the Domestic Violence Act, the Himachal Pradesh High Court has issued directions to the lower courts to ensure their compliance in handling cases related to the Domestic Violence Act.

A bench of Justice Jyotsna Rewal Dua noted that these days diverse recourses are being adopted to challenge the proceedings under the Domestic Violence Act in the form of petitions under Section 482 of the Code or Section 397 read with section 401 of the Code and sometimes under Article 227 of the Constitution.

It clarified that proceedings under Chapter IV of the Protection of Women from Domestic Violence Act, 2005, are of a civil nature and not criminal and emphasized that an application under Section 12 of the Act is distinct from a complaint under the Code of Criminal Procedure and should not be equated with criminal proceedings.

It then proceeded to issue following guidelines in this regard:

1.The remedies available under Chapter IV of the Protection of Women from Domestic Violence Act, 2005 are civil in nature.

2. The Courts dealing with applications under Section 12 or 23 (2) of the Domestic Violence Act, in the given facts and circumstances of the case, may deviate from the procedure prescribed under Section 28(1) of the DV Act and may formulate their procedure in accordance with enabling provision of Section 28(2) of the DV Act.

3. Petitions under Section 482 of the Code of Criminal Procedure are not maintainable for challenging the proceedings under Section 12 of the DV Act. In appropriate cases, however, recourse can be made to Article 227 of the Constitution of India on satisfaction of well established parameters.

The court has directed the Registrar General to convey these directions to all the concerned Courts in the State of Himachal Pradesh for their necessary compliance.

Case Title: Sanjeev Kumar & ors Vs Sushma Devi

Citation: 2023 LiveLaw (HP) 48

Click Here To Read/Download Judgment