Domestic Violence Act, 2005 — Ss. 12, 13, 18–22, 23, 28, 29, 31 — Nature of proceedings — Whether application u/s 12 is a “complaint” requiring compliance with Ss. 200 & 202 CrPC — Held, No — Proceedings under DV Act are civil in nature — Application u/s 12 is not a complaint within meaning of S.2(d) CrPC — Magistrate issues notice not summons — Hence procedure of Ss. 200 & 202 CrPC for complaint cases inapplicable.

Domestic Violence Act, 2005 — Ss. 12, 13, 18–22, 23, 28, 29, 31 — Nature of proceedings — Whether application u/s 12 is a “complaint” requiring compliance with Ss. 200 & 202 CrPC — Held, No — Proceedings under DV Act are civil in nature — Application u/s 12 is not a complaint within meaning of S.2(d) CrPC — Magistrate issues notice not summons — Hence procedure of Ss. 200 & 202 CrPC for complaint cases inapplicable.

Domestic Violence Act is intended to provide civil law remedies for protection against domestic violence. Reliefs under Ss.18–22 DV Act are civil in nature; criminality arises only on breach of orders under S.31. The notice issued u/s 12 calls upon respondent to answer civil reliefs and does not impute commission of an offence. Section 28(2) DV Act permits Court to lay down its own procedure and application is to be dealt with in manner of S.125 CrPC. Therefore, S.190(1)(a), Chapter XV CrPC, Ss.200 & 202 CrPC and issuance of process under S.204 CrPC do not apply.

Held, Magistrate is not required to record statement u/s 200 CrPC or conduct inquiry u/s 202 merely because respondent resides outside territorial jurisdiction.

Kunapareddy v. Kunapareddy Swarna Kumar, (2016) 11 SCC 774, followed.
S.A.L. Narayan Row v. Ishwarlal Bhagwandas, AIR 1965 SC 1818 — principles of civil vs. criminal nature of proceedings applied.

Procedure — DV Act proceedings — Notice under S.12 DV Act distinguished from summons under S.61 CrPC — Notice is for answering civil relief — Not equivalent to criminal process — Magistrate is not taking cognizance of any offence.

Application u/s 482 CrPC seeking quashing of notice u/s 12 DV Act — Grounds of non-compliance with Ss.200, 202 CrPC rejected — Application dismissed — Directions issued for circulation of judgment to judicial officers.

Disposition: Application dismissed.