[DV Act] Magistrate Has Power To Drop Proceedings Or Revoke Interim Orders If No Case Is Made Out: J&K High Court

The Jammu & Kashmir High court held that a Magistrate is empowered to drop proceedings or revoke interim orders issued under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act) if, upon hearing the respondent and examining the record, it is found that no case is made out.A bench of Justice Sanjay Dhar, while disposing of a petition challenging DV proceedings, observed that “Since the proceedings under Section 12 of the D.V. Act are not, in strict sense, criminal in nature, the bar to alter/revoke an order by a Magistrate is not attracted to these proceedings.”The petitioner had argued that the impugned proceedings were an abuse of process of law, claiming that the respondent-wife had resorted to DV proceedings only after failing to obtain maintenance under Section 125 CrPC.The Court clarified that such DV proceedings cannot be equated with lodging a criminal complaint or initiation of prosecution. Instead, it emphasized that a Magistrate retains discretion to reconsider and revoke his earlier orders based on the reply filed by the other side.The High Court referred to the Supreme Court's judgment in Kamatchi v. Lakshmi Narayanan, to support the position that the Magistrate is well within his jurisdiction to recall an interim order passed under Section 12 DV Act if it appears that the parties have been unnecessarily roped in or no prima facie case is made out.It said that “The Magistrate would be well within his jurisdiction to cancel the interim order passed by him... if he finds that they have been unnecessarily roped in or no case for grant of interim order is made out,” the Court reiterated.While not adjudicating on the merits of the petition, the Court granted liberty to the petitioner to move an application before the Trial Magistrate for dropping of proceedings and revocation of interim monetary compensation awarded in favour of the respondent. The court said "in case the same is done, the learned Magistrate shall, after hearing both the parties, pass appropriate orders in accordance with law, within one month from the date such application is filed.”BACKGROUND:The petitioner has challenged the maintainability of an application filed by the respondent, his daughter, under Section 12 of the Protection of Women from Domestic Violence Act, which is currently pending before the Court of the Judicial Magistrate (Sub Judge), Baramulla. It said that the respondent, though having attained majority, has also filed a separate application under Section 125 Cr.P.C. seeking maintenance, in which the trial Magistrate had granted interim relief of Rs. 5000/- per month. However, that interim order has been stayed in revision. The petitioner seeks quashing of the domestic violence proceedings initiated by the respondent, alleging misuse of legal provisions.APPEARANCE: T.A.Lone and Ms.Sabiya Lone, Advocate for PetitionersNone FOR Respondent.Case-Title: Peerzada Muneer Ahmad vs Aaliya AnjumCitation: 2025 LiveLaw (JKL) 270Click Here To Read/Download Order

[DV Act] Magistrate Has Power To Drop Proceedings Or Revoke Interim Orders If No Case Is Made Out: J&K High Court

Aleem Syeed

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