Umamageshwari Maruthapan
The Meghalaya High Court has held that a petition filed before the Court under section 482 of the Code of Criminal Procedure challenging the proceedings under the Domestic Violence Act is maintainable. [Masood Khan vs. Smti. Millie Hazarika]
The Bench headed by Justice W. Diengdoh was hearing a petition filed by a husband under section 482 of the Code requesting the Court to use its inherent power to quash an order passed by a Magistrate Court under the Domestic Violence Act.
Advocate S. Sen, appearing for the respondent, had challenged the maintainability of the instant petition under the said section. The main contentions put forth was that
“ the proceedings under Domestic Violence Act are purely of civil nature and the relief contemplated under Sections 18 to 22 are civil reliefs with no criminal liabilities and, the inquiry is not a trial of a criminal case, which will attract the provision of Section 482 Cr.P.C. Hence this petition is not maintainable and is liable to be rejected.”
However, the Court clarified that,
“Section 28 of the DV Act 2005 specifically provides that all proceedings under Sections 12, 18, 19, 20, 21, 22 and 23 as well as Section 31 shall be governed by the provisions of the Code of Criminal Procedure, though liberty was also given to the court to lay down its procedure.”
“Section 482 Cr.P.C provides for inherent power on the High Court to make such order as may be necessary to give effect to any order under the Code and as stated above, proceedings under the DV Act being governed by the procedure under the Cr.P.C, therefore the logical conclusion would be that an application under Section 482 is maintainable qua order passed under Sections 12, 18, 19, 20, 21, 22 and 23 of the DV Act,” it added.
The court adduced the observations in the Satish Chander Ahuja case and stated that it is not necessary to convert the concerned petition into a petition under Article 227 of the Indian Constitution.
Concerning the case, Justice Diengdoh held that the petitioner failed to make out a case for the Court to exercise its inherent power under section 482 Cr. P.C. However, the Court also suggested the petitioner to challenge the order by preferring an appeal.