One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
Vikram Sehgal, a 38-year-old software professional from Gomti Nagar, Lucknow, came to us in early March 2024 in a deeply distressing state. His wife had filed a domestic violence complaint against him under the Protection of Women from Domestic Violence Act, 2005, levelling serious allegations of physical and emotional abuse against him, his parents, and his younger sister. The proceedings had been ongoing for nearly fourteen months. His reputation in his professional circle had taken a severe hit. His elderly parents had been repeatedly summoned and had faced the social stigma of being named in such proceedings.
Then, without warning and without any settlement, his wife filed an application seeking to withdraw the DV complaint. Vikram's initial instinct was relief. But his earlier advocate, a general civil litigator, told him simply to let it go. That advice troubled him — and rightly so. He reached out to our office, having been referred by a colleague whose matrimonial dispute we had handled the previous year.
Different approach. That's what this case needed. We filed a detailed objection to the withdrawal application, placing on record the specific prejudice caused to Vikram and his family: loss of employment opportunities, mental health impact, and the reputational damage from fourteen months of contested proceedings built on grave, unsubstantiated allegations. We argued that the court's discretion under the Act should be exercised carefully, and that a bare withdrawal without any acknowledgment of the false allegations should not be granted without conditions. The Magistrate, taking the objections on record, directed that the withdrawal be noted with an observation on the uncontested nature of the withdrawal. By late April 2024, the matter was disposed of in a manner that gave Vikram a structured closing rather than a silent erasure of fourteen months of legal hardship.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Don't consent silently to withdrawal: If you're the husband or a respondent in a DV case and the complainant seeks withdrawal without any settlement, don't simply let the court close it. File a written objection on record. Courts do exercise discretion, and your objection matters more than you'd think.
Preserve all evidence of hardship: Keep records of every court date you attended, every professional or personal consequence you suffered, and every medical or psychological expense incurred. These records support your objection and may be relevant if you later pursue a malicious prosecution remedy. Frankly, most people don't keep these records carefully enough, and it costs them later.
Engage an advocate with matrimonial and DV-specific experience: This category of case involves layered procedural questions under the PWDVA 2005, the BNSS, and civil remedies that a general practitioner may not be fully familiar with. Domain-specific experience in DV and matrimonial matters typically leads to more precise strategy, better-argued objections, and faster resolution.
Applicable Sections of Law
The primary statute governing this situation is the Protection of Women from Domestic Violence Act, 2005 (PWDVA). Key provisions include:
- Section 12 PWDVA: Empowers an aggrieved person to file an application before a Magistrate for reliefs including protection orders, residence orders, and monetary relief.
- Section 23 PWDVA: Allows the Magistrate to grant interim and ex parte orders, which may continue even during withdrawal applications if not vacated.
- Section 28 PWDVA read with Section 399 BNSS: Proceedings under the Act are governed by the Code of Criminal Procedure framework (now BNSS), giving the Magistrate discretion over withdrawal applications.
- Section 528 BNSS: Inherent powers of the High Court relevant where proceedings need to be quashed or stayed on grounds of abuse of process.
Punishment and Penalties
A domestic violence case under the PWDVA is a mixed civil-criminal proceeding. And here's the thing — people often don't realise where the criminal exposure actually sits. Breach of a protection order issued under Section 18 PWDVA constitutes a cognizable and non-bailable offence under Section 31 PWDVA, punishable with imprisonment of up to one year, a fine of up to Rs. 20,000, or both. The offence is non-compoundable in its strict form, though courts have in practice accepted settlements. The complaint under Section 12 itself is civil in nature; the criminal element arises upon breach of orders, not the complaint alone.
Jurisdiction — Where to File the Case
Under Section 27 PWDVA, the court of the Judicial Magistrate First Class (JMFC) in the district where the aggrieved person resides, temporarily or permanently, has jurisdiction. Alternatively, jurisdiction lies where the respondent resides or where the domestic violence took place. This territorial flexibility is significant. The complainant may choose a convenient court, and respondents must appear in that forum. For quashing or challenging withdrawal conditions, the jurisdictional High Court exercises powers under Section 528 BNSS. Getting jurisdiction right at the outset avoids procedural delays and jurisdictional challenges later.
What if Police Refuse to File FIR?
In DV matters, the criminal element typically arises on breach of orders rather than on the complaint itself. But if a cognizable offence connected to the DV matter is committed and police refuse to act:
- Approach the Superintendent of Police under Section 173(4) BNSS with a written complaint requesting registration of FIR.
- File a private complaint directly before the Magistrate under Section 175(3) BNSS, attaching all supporting documents.
- Apply for a direction to police under the Magistrate's powers to investigate the matter.
- As a last resort, approach the High Court through a writ petition under Article 226 of the Constitution seeking a mandamus to register the FIR.
Rights of the Accused
As a respondent in DV proceedings, or as an accused if criminal proceedings arise, you hold these constitutional and statutory rights:
- Right against self-incrimination under Article 20(3) of the Constitution — you can't be compelled to be a witness against yourself.
- Right to legal representation under Article 22 of the Constitution at every stage of proceedings.
- Right to be produced before a Magistrate within 24 hours of arrest, as affirmed in D.K. Basu v. State of West Bengal, 1997.
- Right to receive a copy of the FIR or complaint and to be informed of the grounds of any action.
- Right to cross-examine the complainant and all witnesses presented against you during trial.
Bail Provisions
Breach of a protection order under Section 31 PWDVA is non-bailable. Regular bail may be sought under Section 480 BNSS before the Magistrate or under Section 483 BNSS before the Sessions Court if the Magistrate refuses. Where an arrest is anticipated, anticipatory bail under Section 482 BNSS before the Sessions Court or High Court is advisable. Courts typically impose conditions such as reporting to the police station, not contacting the complainant, and surrendering travel documents. Now, before you act — securing anticipatory bail early, before any arrest, is a critical strategic step that an experienced advocate should move on without delay.
Quashing of FIR / Case
Where DV proceedings are filed mala fide, are factually unsupported, or involve abuse of process, the High Court may quash them under its inherent powers under Section 528 BNSS. The Supreme Court in State of Haryana v. Bhajan Lal, 1992 and Arnesh Kumar v. State of Bihar, 2014 laid down clear grounds for quashing, including cases where allegations don't disclose a cognizable offence and where continuation of proceedings would itself be oppressive. Where a complainant seeks withdrawal, the respondent may simultaneously petition the High Court to ensure the closure is complete and doesn't leave adverse interim orders subsisting. This dual strategy is often the most effective. Make no mistake — a withdrawal that leaves interim orders alive is not a clean end.
If You Are the Victim
And here's the thing — in these proceedings, "victim" is not always who it appears to be on the complaint. If you're the respondent who has genuinely suffered from false proceedings:
- File a formal objection to the withdrawal application, documenting every specific prejudice caused to you and your family during the proceedings.
- Gather evidence of the hardship suffered: employer communications, medical records, social consequences, financial costs.
- Consult your advocate about pursuing an action for malicious prosecution or damages once the primary proceedings conclude.
- Ensure that any subsisting protection orders or residence orders are formally vacated before accepting the withdrawal — don't assume they lapse automatically.
- Keep a full copy of every court order, every proceeding, and every document filed against you throughout the case.
Documents You Must Keep Ready
- Aadhaar card and PAN card of all respondents named in the proceedings
- Complete copy of the DV complaint and all applications filed by the complainant
- Copies of all court orders, including interim orders and protection orders
- Attendance records and professional documents showing impact on employment
- Medical records, psychological assessment reports, if mental health was affected
- Bank statements showing financial expenditure on legal fees and related costs
- Correspondence records (messages, emails) that contradict allegations made
- CCTV footage or photographs from relevant dates, preserved and timestamped
What Evidence Is Required?
- Documentary evidence: All court filings, orders, and notices received throughout the proceedings
- Financial records: Bank statements, salary slips, and receipts showing costs incurred due to the proceedings
- Communication evidence: WhatsApp messages, emails, or call logs that contradict the specific allegations made in the complaint
- Witness statements: Affidavits from neighbours, colleagues, or family members who can speak to the falsity of allegations
- Medical and psychological reports: Evidence of stress, anxiety, or physical health impact on the respondent and family
- Employment impact records: Letters or communications from employers showing reputational or professional consequences
- CCTV or digital evidence: Footage or metadata that establishes location or timeline inconsistencies in the complaint
How the Police Behave in Such Cases
Blunt truth. In DV matters, police are often first approached by the complainant even before a formal Magistrate application. Protection officers appointed under the PWDVA coordinate with police. Make no mistake — police in matrimonial and DV matters frequently lean toward the complainant's version at the initial stage. Respondents often find that their side isn't recorded or considered during the pre-litigation stage. It's common for police to exert informal pressure on the respondent's family to settle. Having an advocate involved early prevents informal coercion and ensures that anything you say is legally protected.
Timeline of Legal Process
- Filing of complaint under Section 12 PWDVA: Day 1 — application filed before Magistrate
- Interim orders under Section 23: Can be passed ex parte within days of filing
- Service of notice on respondent: Typically 2 to 4 weeks after filing
- Filing of reply/objections by respondent: 4 to 8 weeks from service
- Evidence stage: 6 to 18 months depending on court workload and number of witnesses
- Arguments: 1 to 3 months after evidence concludes
- Judgment/disposal: Total duration typically 1 to 3 years in Magistrate courts
- Appeal: Sessions Court appeal may take an additional 1 to 2 years
- Withdrawal application: Can be filed at any stage; the court may hear objections before allowing it
How Long Will the Investigation Take?
In cases where a cognizable offence connected to the DV matter is registered, police are required under Section 193 BNSS to file a chargesheet within 60 days if the accused is in custody, or within 90 days otherwise. In practice, matrimonial-related investigations often take longer due to the volume of cases. Non-filing of chargesheet within statutory timelines entitles the accused to default bail under Section 480(1) BNSS.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Advocate Sudhir Rao, Supreme Court of India