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Kunapareddy @ Nookala Shanka Balaji v. Kunapareddy Swarna Kumari

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 516 of 2016)Decided 18 Apr 2016
Criminal Appeal No. 516 of 2016
Justice A.K. Sikri · Justice R.K. Agrawal

Background

The appellant's wife had filed a domestic violence complaint against him and his family seeking protection and maintenance, alleging physical/mental harassment and dowry demands. During the proceedings, she sought to amend her complaint, and the trial magistrate allowed the amendment; the husband challenged this before the High Court (unsuccessfully) and then the Supreme Court, arguing that a criminal-procedure court has no power to permit amendment of a complaint once filed.

Decision Breakdown

The Supreme Court held that even in matters otherwise governed by the Code of Criminal Procedure, courts are not powerless to permit amendment in appropriate cases, particularly to avoid multiplying proceedings. It specifically relied on Section 28(2) of the DV Act, which empowers a Magistrate to lay down its own procedure for applications under Sections 12/23(2), distinct from the ordinary Code procedure, noting that most reliefs under the DV Act are civil in nature (protection, maintenance, etc.) and that denying amendment power could defeat the Act's protective purpose. Finding no fault in the trial court's or High Court's reasoning, the Court dismissed the appeal with costs.

Lesson Learnt

Proceedings under the Domestic Violence Act are treated as having a protective, substantially civil character, so courts have the flexibility to allow amendments to a complaint where needed to properly address the aggrieved person's genuine grievances, rather than being bound by rigid criminal-procedure rules.

Official source (sci.gov.in)View Judgment (PDF)

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