Case Note & Summary
The applicants, who are family members of the respondent's husband, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashment of proceedings bearing PWDVA No. 129/2021 under the Protection of Women from Domestic Violence Act, 2005 (DV Act). The respondent, Prachi, had initiated the DV Act proceedings against them. At the outset, the respondent raised a preliminary objection regarding the maintainability of the application, arguing that proceedings under the DV Act are civil in nature and therefore Section 482 CrPC cannot be invoked. The respondent relied on the Supreme Court's decision in Kamatchi v. Laxmi Narayan, AIR 2022 SC 2932, which held that DV Act proceedings are civil and not criminal, thus excluding the application of Section 482 CrPC. The Court examined the language of Section 482 CrPC, which confers inherent powers on the High Court to make orders necessary to give effect to any order under the Code, prevent abuse of process of any court, or secure the ends of justice. The Court noted that the DV Act is a civil law and the proceedings thereunder are civil in nature. Consequently, the inherent powers under Section 482 CrPC, which are part of the criminal procedure code, cannot be invoked for civil proceedings. The Court held that the application under Section 482 CrPC is not maintainable and dismissed it, leaving it open to the applicants to avail other remedies available in law, such as a petition under Article 227 of the Constitution of India.
Headnote
A) Criminal Procedure Code - Inherent Powers - Maintainability of Section 482 CrPC - Protection of Women from Domestic Violence Act, 2005 - The issue was whether proceedings under the DV Act, being civil in nature, can be quashed under Section 482 CrPC. The Court held that the DV Act proceedings are civil in nature and thus the inherent powers under Section 482 CrPC are not available, following the Supreme Court's decision in Kamatchi v. Laxmi Narayan, AIR 2022 SC 2932. (Paras 1-4) B) Criminal Procedure Code - Inherent Powers - Abuse of Process - Protection of Women from Domestic Violence Act, 2005 - The Court considered whether the inherent powers under Section 482 CrPC can be invoked to prevent abuse of process in DV Act proceedings. It held that since DV Act proceedings are civil, Section 482 CrPC does not apply, and the remedy lies under Article 227 of the Constitution or other civil remedies. (Paras 4-5)
Issue of Consideration
Whether an application under Section 482 of the Code of Criminal Procedure, 1973 is maintainable for quashing proceedings under the Protection of Women from Domestic Violence Act, 2005.
Final Decision
The application under Section 482 CrPC is dismissed as not maintainable. The applicants are at liberty to avail other remedies available in law.
Law Points
- Section 482 CrPC not applicable to civil proceedings
- DV Act proceedings are civil in nature
- Inherent powers under CrPC limited to criminal proceedings
