Case Note & Summary
The applicant, Sumeet Ninave, challenged an order dated 21.10.2022 passed by the Additional Chief Judicial Magistrate, Nagpur, rejecting his application (Exh.13) to dismiss proceedings initiated by his wife, Himani Ninave, under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The parties married in 2020 and moved to Germany, where the alleged domestic violence occurred. The complainant returned to Nagpur and filed the complaint there. The applicant argued that the Magistrate lacked territorial jurisdiction as the alleged acts occurred in Germany, and the DV Act does not have extra-territorial application. The court analyzed Section 27 of the DV Act, which provides for jurisdiction where the aggrieved person resides or carries on business, but held that this does not extend to acts committed outside India. The court quashed the proceedings, allowing the application.
Headnote
A) Criminal Procedure - Quashing of Proceedings - Territorial Jurisdiction - Protection of Women from Domestic Violence Act, 2005, Sections 12, 27 - The court held that the Magistrate at Nagpur lacked territorial jurisdiction to entertain a complaint under the DV Act when the alleged domestic violence occurred in Germany, as the Act does not have extra-territorial application. The proceedings were quashed. (Paras 1-14)
Issue of Consideration
Whether the Magistrate at Nagpur has territorial jurisdiction to entertain a complaint under the Protection of Women from Domestic Violence Act, 2005, when the alleged acts of domestic violence occurred entirely in Germany.
Final Decision
The court allowed the criminal application, quashed the order dated 21.10.2022 passed by the Additional Chief Judicial Magistrate, Nagpur, and dismissed the complaint filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
Law Points
- Territorial jurisdiction
- Domestic Violence Act
- 2005
- Section 12
- Section 27
- Extra-territorial application
- Quashing of proceedings
Case Details
2023 LawText (BOM) (03) 149
Criminal Application (APL) No. 1576 of 2022
Mrs Jyoti D. Dharmadhikari for the petitioner, Shri M.K. Mishra for the non-applicant
Himani Sumeet Ninave Nee Himani D/o Rajendra Patre
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Nature of Litigation
Criminal application challenging the rejection of an application to dismiss proceedings under the Protection of Women from Domestic Violence Act, 2005 on the ground of lack of territorial jurisdiction.
Remedy Sought
The applicant sought quashing of the proceedings initiated by the non-applicant/complainant under Section 12 of the DV Act.
Filing Reason
The applicant contended that the Magistrate at Nagpur had no territorial jurisdiction to entertain the complaint as the alleged acts of domestic violence occurred in Germany.
Previous Decisions
The Additional Chief Judicial Magistrate, Nagpur, by order dated 21.10.2022, rejected the applicant's application (Exh.13) for dismissal of the proceedings.
Issues
Whether the Magistrate at Nagpur has territorial jurisdiction to entertain a complaint under the DV Act when the alleged domestic violence occurred in Germany.
Submissions/Arguments
The applicant argued that the DV Act does not have extra-territorial application and the alleged acts occurred in Germany, hence the Magistrate lacked jurisdiction.
The non-applicant argued that Section 27 of the DV Act allows jurisdiction where the aggrieved person resides, and she resides in Nagpur.
Ratio Decidendi
The Protection of Women from Domestic Violence Act, 2005 does not have extra-territorial application. The jurisdiction under Section 27 of the Act is limited to acts committed within India. Since the alleged domestic violence occurred in Germany, the Magistrate at Nagpur had no territorial jurisdiction to entertain the complaint.
Judgment Excerpts
The Protection of Women from Domestic Violence Act, 2005 does not have extra-territorial application.
The jurisdiction under Section 27 of the Act is limited to acts committed within India.
Procedural History
The non-applicant filed a complaint under Section 12 of the DV Act before the Additional Chief Judicial Magistrate, Nagpur. The applicant filed an application (Exh.13) seeking dismissal of the proceedings for lack of territorial jurisdiction. The Magistrate rejected the application on 21.10.2022. The applicant then filed the present criminal application before the High Court.
Acts & Sections
- Protection of Women from Domestic Violence Act, 2005: 12, 27
