Sunday 31 December 2023

Whether provisions of S 468 of CRPC are applicable to Domestic violence Act proceeding before the stage of S 32 of said Act?

This Court is of the view that Section 468 of Cr.P.C.

has applicability in the matter of Domestic Violence only at the

stage of applicability of Section 32 of Domestic Violence Act

where question of taking cognizance is involved. So far as

applicability of Section 468 of Cr.P.C. is concerned, this section

shall not apply in Domestic Violence Act prior to Section 32 of

Domestic Violence Act.

 IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.993 of 2019

Amit Kumar  Ramanand Singh Vs State of Bihar

CORAM:  MR. JUSTICE DR. ANSHUMAN

Date : 11-04-2023.

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The present Cr. Revision Application has been filed

against the order dated 25.06.2019 passed by Additional District

& Sessions Judge XIV, Muzaffarpur in Cr. Appeal No. 59 of 2018

arising out of Case No.C-1435 of 2016 under Protection of

Women from Domestic Violence Act, 2015 as well as against the

order dated 22.08.2017 passed by S.D.J.M., Muzaffarpur (East) in

C-1435 of 2016 under Domestic Violence Act, by which, the court

of S.D.J.M. has directed the petitioner no.1 to secure the proper

and safe accommodation for opposite party No.2 in the house or

in separate house, if opposite party No.2 wants so they shall keep

her with full respect and dignity and shall pay Rs.20,000/-

(Twenty Thousands Rupees) per month. It was also ordered that

the payment of money shall be made on 15th day of every month

by depositing it in bank account of opposite party No.2.

Learned counsel for the petitioner submits that both

the orders are not sustainable due to three reasons. The first reason

on which the counsel put emphasis that the order for residence

cannot be made as an interim order and, as such, the order passed

by original court and the order affirming the order passed by

original court by the trial court are fit to be set-aside. In addition

to that counsel for the petitioner has raised two more points, the

first point he has raised is that the money fixed at Rs.20,000/- per

month is without any reason and without any basis. It should be

fixed as per the capacity of petitioner otherwise the order could

not be complied. Learned counsel further submits that it is a case

of Domestic Violence Act, therefore, it is necessary for the court

to first held about the existence of domestic violence and then

provide relief under the said Act.

Learned counsel for the petitioner also submits that

Section 468 of Cr.P.C. i.e. the limitation in taking cognizance shall

applicable in the present case.

Learned counsel for the State submits that both the

orders have been passed completely in accordance with law. It has

also been submitted that special power has been vested under

Section 23 of the Act in the court to grant interim and ex-parte

orders and in this view of the matter, the present order which is

basically an order passed as an interim order and ex-parte order is

absolutely a valid order and need no interference.

From the perusal of the documents and hearing the

parties, it is admitted that a women who is subject to domestic

violence has right to file an application for interim as well as

residential relief. The said order to secure proper and safe

accommodation for opposite party No.2 in the house or in

separate house as well as to pay Rs.20,000/- for her maintenance

is basically a protection order under Section 18 of Domestic

Violence Act which has to be passed on being prima-facie

satisfied that domestic violence has taken place or is likely to be

taken place then pass a protection order in favour of aggrieved

person and prohibit the respondents. Similarly order for payment

of money is the subject matter of Section 18(e) of Domestic

Violence Act.

This Court is of the view that Section 468 of Cr.P.C.

has applicability in the matter of Domestic Violence only at the

stage of applicability of Section 32 of Domestic Violence Act

where question of taking cognizance is involved. So far as

applicability of Section 468 of Cr.P.C. is concerned, this section

shall not apply in Domestic Violence Act prior to Section 32 of

Domestic Violence Act.

Hence, in this view of the matter the said order is

basically an interim order and fit to be sustained, therefore, the

present Cr. Revision Application is hereby dismissed and the

order dated 25.06.2019 passed by Additional District & Sessions

Judge XIV, Muzaffarpur in Cr. Appeal No. 59 of 2018 arising out

of Case No.C-1435 of 2016 under Protection of Women from

Domestic Violence Act, 2015 as well as against the order dated

22.08.2017 passed by S.D.J.M., Muzaffarpur (East) in C-1435 of

2016 under Domestic Violence Act are hereby sustained.

Ritik/-

(Dr. Anshuman, J.)

AFR/NAFR

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