Dinesh Rawat vs State (Nct Of Delhi) & Anr.
2015 Latest Caselaw 2069 Del

$~19

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                         Date of Decision: March 10, 2015

+           CRL.M.C. 5816/2014 & Crl. M.A. 19797/2014
       DINESH RAWAT                                        ..... Petitioner
                              Through:   Mr. N. K. Srivastava, Advocate

                     versus

       STATE (NCT OF DELHI) & ANR              ..... Respondents
                     Through: Ms. Nishi Jain, Additional Public
                               Prosecutor for State with ASI
                               Manoj Kumar
                               Mr. Neelkanth Kumar, Advocate
                               with respondent No.2 in person

       CORAM:
       HON'BLE MR. JUSTICE SUNIL GAUR

                          ORDER

% 10.03.2015

In proceedings under the Protection of Women from Domestic Violence Act, 2005, a direction has been issued to register an FIR under the Prohibition of Child Marriage Act, 2006 against the parents of the girl as well as the other accused persons and the parties have been referred to mediation.

Learned counsel for petitioner cites Division Bench decision in 'Nidhi Kaushik Vs. Union of India & Ors.', 212 (2014) DLT 5 to submit that the Mahila Court has no jurisdiction to issue a direction for

CRL.M.C. 5816/2014 Page 1 registration of an FIR for the violation of any provision of the Indian Penal Code or any other such enactments as the proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 are purely civil in nature.

Upon notice of this petition, Ms. Nishi Jain, learned Additional Public Prosecutor appears on behalf of respondent-State and submits that respondent No. 2, present in the court, has been identified to be the complainant/first informant in Complaint Case No. 1565/3 under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The Division Bench of this Court in Nidhi Kaushik (supra) has reiterated that the proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 are of civil nature. The pertinent observations made in this citation are as under: -

"19.12. The relevant provisions of DV Act have been time and again interpreted by the Supreme Court and the High Courts and the consistent view has been taken that the proceedings under Section 12 of the DV Act are civil in nature. Reference may be made to Indra Sarma (supra), Varsha Kapoor (supra), Shambhu Prasad Singh (supra), Sabana (supra), Bipin Prataprai Bhatt (supra), Narendrakumar (supra), Naorem Shamungou Singh (supra) and Vijaya Baskar (supra)."

At this stage, respondent No. 2, present in the court, submits that she is of major age and she is ready to explore a possibility of a mediated settlement, provided petitioner-husband is earnest about it. Learned counsel for petitioner submits that petitioner would actively participate in the mediation proceedings for a mutual settlement.

CRL.M.C. 5816/2014 Page 2 Both sides submit that they would be appearing before Mediation Centre at Saket Court, New Delhi for amicable settlement of the subject matter of the said complaint as well as FIR case under Sections 406/498- A/34 of IPC and Section 4 of Dowry Prohibition Act, 1961 on 26th March, 2015 at 2.00 p.m. and thereafter, as and when called.

Let it be so done.

Applying the dictum of the Division Bench of this Court in Nidhi Kaushik (supra) to the facts of the instant case, I find that the direction issued by the Mahila Court for registration of FIR for the offence under the Prohibition of Child Marriage Act, 2006 is beyond jurisdiction of the said Mahila Court and so, the direction to register FIR under the Prohibition of Child Marriage Act, 2006 is hereby quashed.

Consequently, this petition and the application are disposed of.

                                                       (SUNIL GAUR)
                                                          JUDGE
      MARCH 10, 2015
      rs/s




CRL.M.C. 5816/2014                                                  Page 3