J&K High Court: Magistrate Has Power to Drop Domestic Violence Proceedings If No Prima Facie Case is Made Out

The Jammu & Kashmir High Court held that a Magistrate can drop proceedings or revoke interim orders under Section 12 of the Protection of Women from Domestic Violence Act, 2005, if no case is made out after hearing the respondent and examining the record.

Justice Sanjay Dhar clarified that these proceedings are not strictly criminal, allowing the Magistrate discretionary powers to reassess prior orders.

The Court referred to the SC’s Kamatchi v. Lakshmi Narayanan ruling, affirming the Magistrate’s power to recall interim orders if parties are unnecessarily involved or no prima facie case exists.

The petitioner may apply to the Magistrate to drop proceedings and revoke interim compensation, with orders expected within one month.