An FIR can also be registered in case of breach of protection order under Domestic Violence Act

Paul VS State of Kerala

Kerala HC

07/06/2019

Crl. M.C. No. 1848 of 2019

About/from the judgment:

Penal Code, 1860 - Ss. 294 (b), 506, 323, 34 - Protection of Women from Domestic Violence Act, 2005 - S. 31 – Penalty for breach of protection order by respondent - Cognizance and proof - Accused persons had gone to the residence and threatened and manhandled - therefore ordinarily the matter would require investigation - No illegality or impropriety has been committed in the registration of the crime.

 

Sec.31 provides that the above offences are cognizable. Since the offence under Sec.31 of the DV has been classified as an cognizable offence as per the provisions of the abovesaid statute, it cannot be said that the action of the Police in registering the impugned Anx. A1 crime including the one under Sec. 31 of the DV is in any manner illegal, improper or ultra vires. Moreover, it has to be borne in mind that the specific allegations raised by the 2nd respondent in Anx. A5 petition is that the accused persons had gone to her residence and uttered obscene words and threatened and manhandled her, etc. Therefore, the allegations in Anx. A5 petition would constitute an offence as per Sec. 31 of the DV Act, inasmuch as it discloses allegations that the petitioners herein, who are the respondents Anx. A3 interim order in the DV application, have violated the directives in Anx.A-3 order granted by the jurisdictional Magistrate's court concerned in DV proceedings. Since the said offence under Sec. 31 is cognizable and the correctness or otherwise of the allegations raised in Anx. A5 would require investigation, etc. no illegality can be attributed in the registering of the impugned Anx. A-1 crime. Of course there could be some cases, where interim order could be in the nature of a interim direction to the respondents in the DV application, not to alienate immovable property , etc. and in such cases, the allegation that the said interim order in the DV proceedings not to alienate the above property has been breached by the other party concerned, may not require much investigation and the same could be dealt with as a complaint to be filed directly before the learned Magistrate as it would be very easy to determine the factual controversy as to whether the immovable property has been alienated by the execution of the registered deed, etc. by the other party concerned in breach of the interim order granted in the application. Such is not the nature of the allegation in the instant case. In the instant case, the allegation in Anx. A5 petition is that the petitioners had gone to the residence of the 2nd respondent and threatened and manhandled her, etc. and therefore ordinarily the matter would require investigation etc. In the light of the facts and circumstances of this case, this Court is of the view that no illegality or impropriety has been committed in the registration of the impugned Anx. A-1 crime. This Court has not dealt with any other issues except the abovesaid limited point. All other issues are left open to be raised and decided in appropriate proceedings, in the manner known to law. With these observations and directions, the above Criminal Miscellaneous Case will stand dismissed.

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