Pwdv
Mohan R
(Querist) 13 February 2012
This query is : Resolved
DearExperts,
Q1)Is it mandatory for a complainant to approach CAW cell (Crime Against Women) cell first and have her complaint first entertained, with attempts of possible compromises etc and then only if it isn't workable, proceedings in a DV case under Section 12 can be filed.
Q2)Or can the wife approach a court directly without CAW cell and file DV case against husband.
Q3)I hear there's a Supreme Court judgment that approaching CAW cell is mandatory????
Q4)And if without approaching CAW, wife files a complaint with police station only and their enquiry report says its a property dispute, not mentioning evidence of DV, what should an accused do in such a case where he's just received the summons so far and date is 3 weeks away.???
Q4)Should application under section 227crpc or 239crpc be moved or not???
I hope all four questions will be answered in detail.
Thank you very much.
Mohan R
(Querist) 13 February 2012
Sorry there are five questions please for your response.
ajay sethi
(Expert) 13 February 2012
IN THE HIGH COURT OF DELHI AT NEW DELHI
10.08.2007
Present: Mr. Keshav Kaushik, Advocate for the petitioner.
Ms. Mukta Gupta, Standing Counsel for State with
Ms. Rajdipa Behura and Mr. Akshai Malik, Adocates
W.P. (Crl.) No.1032/2007 and Crl.M.A.No. 8989/07
It is stated by the counsel for petitioner that CAW Cell was threatening the petitioner for appearance. It is made clear that CAW Cell has no authority to secure the presence of any person either by coercion or by threat. CAW Cell is only a conciliatory body where efforts are made for conciliation with the free will of the parties. If any person is not willing to go to CAW Cell, he cannot be compelled. It is also directed that CAW Cell, in future, instead of issuing summons to the parties shall send request letters asking them to appear for the purpose of conciliation and not for the purpose of investigation. The petitioner is at liberty not to appear before CAW Cell. No threat or coercive steps shall be taken by the CAW Cell. No further direction can be given by the Court in respect of respondent No. 5, who according to the petitioner has refused to accompany him. It is alleged that she was living under the influence of her parents. Earlier when she appeared in this Court, she was living with the petitioner. She refused to meet her parents at that time. If the respondent is such an immature lady that when she comes under the influence of petitioner, she refuses to meet her parents and next time when she comes under the influence of her parents, she refuses to meet the petitioner, the Court cannot help the petitioner. The petition is disposed of in above terms.
SHIV NARAYAN DHINGRA, J.
August 10, 2007
ajay sethi
(Expert) 13 February 2012
IN THE HIGH COURT OF DELHI AT NEW DELHI
07.08.2007
Present: Mr.R.P. Yadav, Advocate for the petitioner.
Ms. Rajdipa Behura, Advocate for the State.
W.P. (Crl.) No.849/2007
Justice Shiv Narain Dhingra
This petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C has been filed by the petitioner for dropping of proceedings pending before the CAW Cell, Amar Colony against the petitioner and his family members on the ground that the complainant wife has already made a complaint under the provisions of Domestic Violence Act in the Court of learned Metropolitan Magistrate, Patiala House Courts. Her allegations made before the Metropolitan Magistrate and CAW Cell are ditto.
CAW Cell is an agency created to make efforts for reconciliation between the families before initiation of criminal proceedings on the complaint of the wife. The petitioner is at liberty not to appear before the CAW Cell. No coercive action can be taken by the CAW Cell, compelling an unwilling person to put in appearance before it. CAW Cell can conduct proceedings only where both the parties are ready and willing to join the proceedings voluntarily.
I consider that there is no reason for the Court to pass any order in respect of proceedings before the CAW Cell as these proceedings are not judicial or quasi-judicial nor proceedings in the investigation of the crime. They are only reconciliatory proceedings. The petitioner is at liberty not to join the proceedings before CAW Cell.
In view of the foregoing discussion, this petition is not maintainable and is hereby dismissed as such.
Dasti.
SHIV NARAYAN DHINGRA. J.
August 07, 2007
ajay sethi
(Expert) 13 February 2012
your wife can file proceedings directly with the magistarte . as prer judgements cited above CAW cell is basically for reconcilation .
