Case Note & Summary
The present reference arises out of an order dated 13/2/2015 passed by a learned Single Judge in Criminal Application No.578/2011. During the hearing, it was brought to the notice of the learned Judge that there are conflicting decisions of two separate Benches of the Bombay High Court on the point of applicability of Section 482 of the Code of Criminal Procedure, 1973 (CrPC) to proceedings under the Protection of Women from Domestic Violence Act, 2005 (DV Act). The conflicting decisions are Mangesh Sawant v. Minal Vijay Bhosale (2012 ALL MR (Cri.) 1113) (Coram: A.S. Oka, J.) and Narayan Thool v. Sau. Mala Chandan Wani (Criminal Writ Petition No.773/2014) (Coram: S.B. Shukre, J.). The learned Single Judge framed two questions: (i) whether proceedings under the DV Act are criminal in nature, and (ii) whether the High Court can exercise its powers under Section 482 CrPC in respect of DV Act proceedings. The matter was referred to a larger Bench. The Division Bench, after hearing the parties, held that the proceedings under the DV Act are civil in nature and not criminal, and therefore the High Court cannot exercise its inherent powers under Section 482 CrPC in respect of such proceedings. The reference was answered accordingly.
Headnote
A) Criminal Procedure - Inherent Powers - Section 482 CrPC - Applicability to DV Act - The High Court cannot exercise its powers under Section 482 of the Code of Criminal Procedure, 1973 in respect of proceedings under the Protection of Women from Domestic Violence Act, 2005, as the DV Act proceedings are civil in nature and not criminal proceedings. (Paras 1-3) B) Domestic Violence - Nature of Proceedings - Civil vs Criminal - The proceedings under the Protection of Women from Domestic Violence Act, 2005 are civil in nature, not criminal, and therefore the inherent powers under Section 482 CrPC are not available. (Paras 2-3)
Issue of Consideration
Whether proceedings under the Protection of Women from Domestic Violence Act, 2005 are criminal in nature and whether the High Court can exercise its powers under Section 482 of the Code of Criminal Procedure, 1973 in respect of such proceedings.
Final Decision
The reference is answered by holding that the proceedings under the Protection of Women from Domestic Violence Act, 2005 are civil in nature and the High Court cannot exercise its powers under Section 482 of the Code of Criminal Procedure, 1973 in respect of such proceedings.
Law Points
- Proceedings under DV Act are civil in nature
- Section 482 CrPC not applicable to DV Act proceedings
- High Court cannot exercise inherent powers under Section 482 CrPC for DV Act matters
