Allahabad High Court: No FIR Under Domestic Violence Act Without Breach of Protection Order

The Allahabad High Court quashed criminal proceedings under Section 31  of the Protection of Women from Domestic Violence Act, 2005, ruling that criminal liability arises only when there is a breach of a protection or interim order issued under Sections 12 to 23  of the Act.

Justice Vinod Diwakar observed that, in the absence of a prior protection order, the police cannot register an FIR under Section 31 of the Act.

The Court clarified that the Act mandates proceedings to begin through civil mechanisms and the only cognizable offence is the violation of such judicial protection orders, not complaints or police reports filed directly.

(Sattar Ahmad & 4 Ors v State of U.P. and Another)