Case Note & Summary
The matter arose from proceedings initiated by the respondent wife under Section 12 of the Protection of Women from Domestic Violence Act, 2005 against her husband and his family members, including the petitioners who are the father-in-law, mother-in-law, and brother-in-law. The marriage took place on 25-02-2021, and within seven months, the wife alleged domestic violence. No order had been passed by the Magistrate in the underlying Criminal Miscellaneous No. 570 of 2021. The petitioners approached the High Court under Section 482 CrPC seeking quashing of the proceedings, contending that they had been falsely implicated with no specific role and that they were senior citizens with no overt acts of violence. The respondent raised a preliminary objection regarding maintainability, arguing that an appeal under Section 29 of the DV Act was an efficacious alternative remedy and thus the Section 482 petition was not maintainable. The Court examined Section 29 and noted that it provides an appeal only against an order made by the Magistrate. Since no order had been passed, the remedy of appeal was not available. The Court distinguished the judgment in Kamatchi v. Lakshmi Narayanan, which dealt with limitation and not entertainability under Section 482. The Court held that the setting aside of entire proceedings is not within the power of the Sessions Court under Section 29 and that the inherent power of the High Court under Section 482 CrPC could be invoked to consider the grievance. The Court was yet to decide the merits of the quashing petition on grounds of lack of specific allegations. The decision on maintainability was that the petition under Section 482 was maintainable.
Headnote
A) Protection of Women from Domestic Violence Act, 2005 - Section 29 - Appeal - Scope - The remedy of appeal under Section 29 lies only against an order made by the Magistrate under the Act; the provision does not confer jurisdiction upon the Sessions Court to quash the proceedings themselves. Therefore, a petition under Section 482 CrPC is maintainable to seek quashing of the proceedings when no order has been passed by the Magistrate (Paras 7-8).
Issue of Consideration
Whether a petition under Section 482 of the Code of Criminal Procedure, 1973 is maintainable to quash proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 when an alternative remedy of appeal under Section 29 of the Act is available?
Law Points
- Section 29 of the Protection of Women from Domestic Violence Act
- 2005 provides an appeal only against an order made by the Magistrate
- where no order has been passed
- an appeal under Section 29 is not available
- inherent powers under Section 482 CrPC can be invoked to quash proceedings in such cases.
Case Details
2024 LawText (KAR) (07) 6
Criminal Petition No. 3578 of 2022
A. Ramesh Babu, R. Shashikala, R. Chandrashekar
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Nature of Litigation
Criminal petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of proceedings in Criminal Miscellaneous No. 570/2021 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 pending before the Chief Judicial Magistrate, Bengaluru Rural District.
Remedy Sought
The petitioners (father-in-law, mother-in-law, and brother-in-law of the respondent) sought quashing of the entire proceedings initiated by the respondent wife under the Domestic Violence Act.
Filing Reason
The respondent wife filed an application alleging domestic violence against her husband and in-laws. The petitioners claim they have been falsely implicated with no specific role, and that they are senior citizens with no overt acts of violence.
Previous Decisions
No orders had been passed by the Magistrate in the underlying proceedings; the matter was at the stage of hearing on the application under Section 12.
Issues
Whether a petition under Section 482 of the Code of Criminal Procedure, 1973 is maintainable to quash proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 when an alternative remedy of appeal under Section 29 of the Act is available?
Submissions/Arguments
Petitioners' counsel: Contended that the petitioners had nothing to do with the matrimonial life of the couple, were senior citizens, and had not performed any overt act of violence; the proceedings against them were abuse of process.
Respondent's counsel: Raised threshold bar of maintainability, arguing that the petition under Section 482 CrPC was not maintainable because an appeal under Section 29 of the Domestic Violence Act was an efficacious alternative remedy; alternatively, submitted that the parents-in-law had a role in the alleged domestic violence.
Ratio Decidendi
Section 29 of the Protection of Women from Domestic Violence Act, 2005 provides an appeal to the Sessions Court only against an order made by the Magistrate; where no order has been passed, the remedy of appeal is not available, and a petition under Section 482 CrPC is maintainable to seek quashing of the proceedings.
Judgment Excerpts
Section 29 permits an appeal against any order that is passed, on a bare reading of the provision. Setting aside the entire proceedings is not the power that is vested in the Court of Sessions on an appeal under Section 29 of the Act. It is the inherent power that is conferred upon this Court under Section 482 of the Cr.P.C., to consider these grievances.
The sheet anchor of the contention of the learned counsel for the respondent is on the judgment of the Apex Court in the case of KAMATCHI v. LAKSHMI NARAYANAN... The said judgment... does not consider about entertainability of a petition under Section 482 of the Cr.P.C.
Procedural History
The respondent wife filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before the Chief Judicial Magistrate, Bengaluru Rural District in Criminal Miscellaneous No. 570 of 2021, alleging domestic violence by the husband and in-laws. No orders were passed by the Magistrate. The petitioners, who are the father-in-law, mother-in-law, and brother-in-law, filed the present petition under Section 482 CrPC seeking quashing of the proceedings.
Acts & Sections
- Protection of Women from Domestic Violence Act, 2005: 3, 12, 29
- Code of Criminal Procedure, 1973: 482
