Case Note & Summary
The petitioner, Mohammed Yaseen Naikwadi, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash proceedings in C.C. No. 1/2022 pending before the IV-JMFC, Belagavi, under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (PWDV Act). The respondents, his wife and minor daughter, had filed a private complaint alleging that the petitioner breached a protection order by not paying maintenance as per an order dated 29.07.2015 in Crl.Misc.No.306/2015, thereby committing an offence punishable under Section 31 of the PWDV Act. The court heard the petitioner's counsel; no one appeared for the respondents. The court examined the complaint and found that the order dated 29.07.2015 was for maintenance under Section 12 of the PWDV Act, not a protection order under Section 18. The court held that Section 31 of the PWDV Act applies only to breach of a protection order passed under Section 18, and non-payment of maintenance does not attract Section 31. Therefore, no prima facie case was made out against the petitioner, and the proceedings were quashed to prevent abuse of process of court.
Headnote
A) Criminal Law - Domestic Violence - Section 31 of Protection of Women from Domestic Violence Act, 2005 - Breach of Protection Order - The court considered whether non-payment of maintenance ordered under Section 12 of the Act constitutes an offence under Section 31. Held that Section 31 applies only to breach of a protection order under Section 18, not to non-compliance with maintenance orders under Section 12. The complaint alleging breach of protection order for non-payment of maintenance was quashed as no prima facie case was made out (Paras 3-5).
Issue of Consideration
Whether non-payment of maintenance ordered under Section 12 of the Domestic Violence Act, 2005 amounts to an offence under Section 31 of the said Act for breach of protection order
Final Decision
The petition is allowed. The proceedings in C.C. No. 1/2022 pending on the file of IV-JMFC, Belagavi, and all further proceedings arising therefrom, are quashed.
Law Points
- Section 31 of Protection of Women from Domestic Violence Act
- 2005 requires a specific protection order for breach
- non-payment of maintenance alone does not constitute offence under Section 31
- Section 482 Cr.P.C. can be invoked to quash proceedings when no prima facie case is made out
Case Details
Sri. Z.M. Hattarki and Sri. Arzoo M. Mulla for petitioner; Sri. S.B. Shaik for respondents (absent)
Smt. Aneesa Mohammed Yaseen Naikwadi and Miss. Sarah D/O Mohammed Yaseen Naikwadi
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal petition under Section 482 Cr.P.C. seeking quashing of proceedings under Section 12 of the Domestic Violence Act, 2005 for alleged breach of protection order under Section 31.
Remedy Sought
Petitioner sought quashing of proceedings in C.C. No. 1/2022 pending before IV-JMFC, Belagavi, and all further proceedings arising therefrom.
Filing Reason
Respondents filed a private complaint alleging that petitioner breached a protection order by not paying maintenance as per order dated 29.07.2015 in Crl.Misc.No.306/2015, committing offence under Section 31 of PWDV Act.
Previous Decisions
Order dated 29.07.2015 in Crl.Misc.No.306/2015 directing payment of maintenance under Section 12 of PWDV Act.
Issues
Whether non-payment of maintenance ordered under Section 12 of the Domestic Violence Act, 2005 amounts to an offence under Section 31 of the said Act for breach of protection order.
Submissions/Arguments
Petitioner's counsel argued that the order dated 29.07.2015 was for maintenance under Section 12, not a protection order under Section 18, and therefore Section 31 is not attracted.
Ratio Decidendi
Section 31 of the Protection of Women from Domestic Violence Act, 2005 applies only to breach of a protection order passed under Section 18 of the Act. Non-payment of maintenance ordered under Section 12 does not constitute an offence under Section 31. Therefore, no prima facie case is made out against the petitioner, and the proceedings are liable to be quashed under Section 482 Cr.P.C. to prevent abuse of process of court.
Judgment Excerpts
The order dated 29.07.2015 passed in Crl.Misc.No.306/2015 is an order of maintenance under Section 12 of the PWDV Act and not a protection order under Section 18 of the PWDV Act.
Section 31 of the PWDV Act applies only to breach of protection order passed under Section 18 of the PWDV Act and not to non-compliance of maintenance order passed under Section 12 of the PWDV Act.
Procedural History
Respondents filed private complaint No.219/2017 alleging breach of protection order under Section 31 of PWDV Act. The complaint was registered as C.C. No. 1/2022 before IV-JMFC, Belagavi. Petitioner filed this petition under Section 482 Cr.P.C. seeking quashing of those proceedings.
Acts & Sections
- Protection of Women from Domestic Violence Act, 2005: 12, 18, 31
- Code of Criminal Procedure, 1973: 482
