Domestic violence Act is basically civil law: HC

AHMEDABAD: In an important decision, Gujarat high court has ruled that it cannot quash a complaint filed under the Protection of Women From Domestic Violence Act, 2005 under the law by which it cancels ordinary FIRs filed by police.

Rejecting a petition that demanded quashing of one such complaint filed under DV Act, the high court has made some important observations on whether word 'domestic violence' means criminal act or not. This Act is essentially a civil law, but the legislation has prescribed that courts have to proceed in such cases as per the Criminal Procedure Code (CrPC) for the purpose of effective actions. It added that this law is meant to protect women's civil rights also.The court has said that DV Act is not meant to punish those against whom women file complaint. The only exception in this is the violation of court orders under section 31 of the law - about protection of complainant and sharing of accommodation or other directions. The court said, "It cannot be said that word 'domestic violence' as defined in Section 3 of DV Act constitute an offence under DV Act so as to attract section 4(2) of CrPC."

https://www.lawweb.in/2014/02/court-can-not-quash-complaint-filed.html