Response

Hello,

Firstly if the FIR has already been registered then a person can quash the criminal proceedings under section 482 of the Code of Criminal Procedure, 1973 (CrPC). File a petition to the High Court which has inherent powers under Section 482 of the CrPC which says, “Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.” and the court may after considering the facts of the case and hearing the parties, grant initial stay against further proceedings of the complaint.

But the Delhi High Court has held that in the absence of compelling reasons, the Court cannot exercise its extraordinary power under Section 482 of the Code of Criminal Procedure (CrPC) when there is a remedy of appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005, which says, “There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later.”

Reference: Section 482 of the CrPC and Section 29 of the Protection of Women from Domestic Violence Act, 2005

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