Suyog Raut 03 January 2016

Order 7, Rule 11 Vs. Cr. PC 203

Hello all learned Members. I wish to file dismissal application against the DV case filed by my wife at JMFC after 3 years of seperation. Most of the time, its is filed under Sec 203 of Cr.PC However, my lawyer's opinion is that DV acts comes under CPC unless protection order is breached. Therefore, ee should file dismissal under Order 7, Rule 11 of CPC. Am I doing right??? Kindly throw some light in this...

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6 Replies

Dr J C Vashista (Advocate) 04 January 2016

There is no provision u/s 203 Cr. PC to file an application which is either u/s 200 Cr PC or u/s 12 of the Protection of Women from Domestic Violence Act, 2005, recheck with your lawyer.

PWFDV Act is unique in itself which combines the provisions of Cr PC as well as CPC.

However, provisions of Or. VII Rule 11 CPC are not attracted in any complaint being filed u/s 12 of the PWFDV Act.

Consult "some" other local prudent lawyer.

Suyog Raut 04 January 2016

@Vashista Sir....the case is of PWDVA 2005.... so please tell me under which sec shall I file for Dismissal???

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 04 January 2016

Unless your advocate knows it properly there will be no use for you because he has to argue the case before the court.forcefully.

The DV act has procedure of CRPC so CPC is not appliable. Even CRPC 203 at this stage is not applicable.

There are many other tactics for DV act which can be detailed after going through the complaint.

prabhakar advocate (advocate) 04 January 2016

It appears you need an other advocate. DV Act is specific Act and it is procedural as well as substantive Act and also mandated to follow Cr.P.C. but also allowed the Court to evolve its own procedure. The JMFC, who issued notice to you under Section 12 of the Act is barred to quash the petition under the Act and hence, for quash you have to approach under Section 482 cr.p.c. you have to approach the HC.

Suyog Raut 05 January 2016

thanks all learned people for your replies.... the update is... we have filed rejection application under Order 7 Rule 11.... judge said CPC not applicable for DV.... my lawyer said he is ready to show book and rulings..... so now we have been given next date to show the rule.