Mere delay in approaching Magistrate is not ground to quash proceedings under domestic violence Act: Kerala High Court

The Kerala High Court has ruled that merely delaying the approach to the Magistrate does not constitute grounds to invalidate proceedings under the Protection of Women from Domestic Violence Act (PWDV). Justice Jobin Sebastian highlighted that while the delay and its explanation could be considered during evidence assessment, the delay alone was not sufficient to dismiss the allegations of domestic violence.

The court clarified that registering a complaint under the domestic violence Act after initiating proceedings in the Family Court does not automatically classify the complaint as retaliatory or malicious. The petition challenging the criminal proceedings before the Judicial First Class Magistrate Court in Thrissur was dismissed by the court.

It was filed by the husband and mother-in-law of the woman who had accused her husband and mother-in-law of domestic violence. The petitioners argued that the delay of six years in filing the complaint with the Magistrate, despite the woman alleging domestic violence, rendered her allegations false. They also claimed that a false complaint under the POCSO Act had been lodged against them using their child.

The woman contended that the allegations were part of a continuing offence and that the Protection of Children from Sexual Offences Act did not impose a limitation period for reporting such crimes. She stated that women subjected to ill-treatment in marital homes may take time to approach authorities due to various reasons. The POCSO case was registered on the basis of a complaint made by her daughter, and was currently pending before the High Court.