VIJAYAN Vs. K. RAMYA

JUDGEMENT

(1.) The petitioner herein is the 2nd respondent in MC No. 108/2014 of the Judicial First Class Magistrate Court, Kodungallur, which is a proceeding brought under S.12 of the Protection of Women from Domestic Violence Act (for short 'the DV Act'). The petitioner's request herein, under S.482 of the Code of Criminal Procedure, is to quash the said proceeding under the DV Act.

(2.) On hearing both sides, I find that such a relief cannot be granted under S.482 of CrPC. DV Act is a self contained Act, containing the procedure for proceedings therein. Admittedly, the Trial Court has not passed any order in the proceedings. If there is any such interim order or final order, the remedy against the order is provided under the Act itself. Just a proceeding brought under the DV Act cannot be questioned or challenged under S.482 of CrPC. For the High Court to invoke the powers under S.482 of CrPC, there must be some proceeding under the CrPC. When proceedings under the DV Act are governed by that Act itself, which is a self contained Act, the parties to such a proceeding will have to find remedies under the Act, or if remedy is not possible under the said Act, the parties will have to approach the High Court under Art.227 of the Constitution of India. Anyway, those matters need not be gone into in detail at this stage. The petitioner's grievance is that the claimant is not entitled to get any relief under the DV Act. His case is that there is no domestic relationship between the claimant and the petitioner, and that in the absence of such relationship, the claimant cannot claim any order under the DV Act. This is a matter to be agitated before the Trial Court. Right to relief on facts cannot be decided by the High Court under S.482 of CrPC. Right to get relief is a matter for decision by the Trial Court itself. Only after decision is taken by the Trial Court on matters in dispute, the aggrieved party can seek appropriate remedy against such order. If the petitioner's grievance is that the claimant is not entitled, under the law, to seek or get any order under the DV Act, on the ground of absence of domestic relationship, the petitioner will have to agitate the said issue before the Trial Court itself, and the Trial Court will have to take a decision on the disputed question. Exercise of jurisdiction by this Court or by the appellate court will come only when the Trial Court has taken a decision on the disputed question. With these observations this Crl MC is disposed of.