Civil matter can’t dilute domestic violence safeguards, says Calcutta High Court

Kolkata: The Calcutta High Court has set aside a magistrate’s order dismissing a woman’s complaint alleging breach of a domestic-violence protection order, holding that the existence of a civil property dispute could not by itself justify dropping the proceedings.

The bench of Justice Chaitali Chatterjee Das recorded that an interim protection order had earlier been granted in favour of the woman in November 2018. She later approached the magistrate alleging that the opposite party had acted in violation of that order. Her complaint, along with a police report prepared after the authorities received her allegations, was placed before the magistrate. The record before the High Court also showed that material relating to an ongoing civil dispute over land between the parties had been filed during the proceedings.

The magistrate dismissed the complaint in May 2023, observing that the dispute appeared to be a serious civil land matter.

The High Court noted that the dismissal order did not contain sufficient reasons and did not demonstrate that the magistrate had examined whether the allegations, together with the police report and other documents, disclosed a possible breach of the protection order that required further action.

According to the court, when a complaint and accompanying materials are placed before a magistrate, it is necessary for the magistrate to assess whether they call for inquiry or other steps. The court stated that the magistrate must apply judicial mind to the facts presented and cannot dispose of the complaint solely on the basis that a civil dispute also exists between the parties. The court observed that reasons must be clearly indicated when a complaint is dismissed, especially when allegations of breach of a protection order have been raised.

The High Court therefore set aside the dismissal and directed the magistrate to reconsider the matter afresh. The magistrate has been asked to assess the complaint, the police report and all materials on record and to pass a reasoned order in accordance with law.The court also stated that the magistrate should not be influenced by any observations made by the High Court while deciding the matter.