Petition U/s 482 CrPC Challenging Domestic Violence Act Proceedings Maintainable: Meghalaya High Court
The Meghalaya High Court has held that petition under Section 482 of the Code of Criminal Procedure before it challenging Domestic Violence Act proceedings is maintainable. In this case, it was contended that the proceedings under the DV Act, 2005 are purely civil in nature and the relief contemplated under Sections 18 to 22 are civil reliefs with no criminal liabilities and as such, the enquiry is not a trial of criminal case, which will attract the provision of Section 482 Cr.P.C. The Court noted that the Section 28 of the DV Act 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 own procedure. The court further noted that the applicability of Section 28 of the DV Act in criminal proceedings was emphasized by the Hon’ble Supreme Court in the case of Satish Chander Ahuja case.