The Jammu & Kashmir and Ladakh High Court by its order dated 20.02.2023 held that "merely because a woman has filed an application under the Protection of Women from Domestic Violence Act, 2005, she cannot be barred from lodging a first information report against her husband for cruelty under Section 498A of the Indian Penal Code".

The bench of Justice Sanjay Dhar held "While in proceedings under Section 12 of the DV Act, the victim of domestic violence can be awarded monetary compensation and she can also be given certain protective orders in her favour, but the criminal proceedings are intended to punish the perpetrator of a crime, may be a matrimonial crime. So, the provisions of DV Act and IPC act in different fields," the Court said.

The ruling of the high Court came while hearing a plea filed by husband challenging the FIR registered against him under Sections 498A and 109 of IPC on the basis of a complaint filed by his wife.

The FIR was challenged by the husband on the ground that the allegations made in the same were absolutely vexatious and with a view to victimize and harass the petitioner and his family members. It was also submitted by the husband that since the wife had already filed an application under Section 12 of DV Act, she cannot be allowed to lodge an FIR against the husband and his relatives for Section 498A offence.

The Court said "Merely because wife has filed an application under DV Act, she cannot be debarred from lodging FIR against the petitioner for investigating the acts of cruelty alleged to have been perpetrated by her husband against her".

Case Details:-

CRM(M) No. 141/2023
CrlM No. 249/2023
Danish Chauhan V/s Director General J&K Police and others