1. No FIR is registered based on mentioned brief.
2. A PO (protection Officer) makes DIR.
3. After DIR submission, complaint case proceeds in accordance with procedural Laws which is CrPC here and operative procedural Section under The Code is S. 125 CrPC.
4. I have always maintained a position here that is Bharat Ratna DV Act is a Criminal Law in motion disguised as quasi-civil lollipop.
5. It needs quashing because the procedural law under motion is CrPC which is The Code of Criminal Procedure read with Bar of S. 31 DV Act and in its reasoning I add; Section 23 (1) of Protection of Women from Domestic Violence Act provides that in any proceeding before the Magistrate, he may pass such interim order as he deems just and proper. Sub-section (2) provides that if the Magistrate is satisfied that an application prima facie discloses that respondent is committing or has committed an act of domestic violence or that there is likelihood that respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under Sections 18, 19, 20, 21 or 22 against the respondent. Are under some of these Sections of The Code your missing wife didnot apply her complaints !
6. Section 31 of Protection of Women from Domestic Violence Act provides for penalty for breach of protection order. Under sub-section (1), a breach of protection order or of an interim protection order by the respondent shall be an offence and shall be punishable with imprisonment for a term which may extend to one year or fine or both. Section 32 provides that notwithstanding anything contained in the Code of Criminal Procedure, the offence under sub-section (1) of Section 31 shall be cognizable and non bailable.
7. As is clear from Section 31 of Protection of Women from Domestic Violence Act, when an order under Section 23, whether under sub-section (1) on hearing the respondent or under sub-section (2), an ex parte interim protection order, was passed and respondent commits breach of that order, respondent is punishable as provided under sub-section (1) of Section 31. That offence, as provided under Section 32 of Protection of Women from Domestic Violence Act is non bailable and cognizable. But the cognizable offence provided under Section 31 (1) would only be the result of a breach of the protection order as provided under Section 18 of Protection of Women from Domestic Violence Act.
8. For rest of the understanding on this clumsy Law read my other articles on Bharat Ratna DV Act in this very forum.
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