Court emphasizes adherence to legal procedure for bond forfeiture under Protection of Women from Domestic Violence Act, 2005
In a significant ruling, the Allahabad High Court has nullified a recovery warrant issued against Kapil Dev Pundeer, stemming from a domestic violence case. The court held that a recovery warrant for an unexecuted bond amounting to Rs. 50,000 was legally untenable.
The court, presided over by Justice Praveen Kumar Giri, addressed a criminal revision filed by Pundeer against orders from lower courts demanding the execution of a bond to prevent domestic violence. The revisionist, Kapil Dev Pundeer, had been directed by a Ghaziabad trial court to furnish a personal bond with an undertaking not to commit violence against his wife and minor child. However, Pundeer had not executed the bond, rendering the question of breach and subsequent recovery moot.
The court clarified that under Section 19(3) of the Protection of Women from Domestic Violence Act, 2005, a Magistrate can require a respondent to execute a bond to prevent domestic violence. However, the bond's monetary terms cannot be enforced unless executed and subsequently breached, as per the procedures outlined in Section 446 of the Criminal Procedure Code (Cr.P.C.) and Section 491 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Justice Giri highlighted that the statutory process requires determination of breach, recording of grounds for forfeiture, and providing an opportunity for the bond executor to respond before any recovery can proceed. The court found the lower court's issuance of a recovery warrant unsustainable in the absence of an executed bond.
In light of the revisionist's willingness to comply, the court granted Pundeer twenty days to execute the bond and directed the trial court to expedite the resolution of related proceedings within six months, ensuring proper legal process and avoiding unnecessary delays.
The ruling underscores the judiciary's commitment to ensuring procedural fairness and adherence to statutory mandates in domestic violence cases, providing clarity on the execution and enforcement of bonds aimed at preventing domestic violence.
Bottom Line :
Protection of Women from Domestic Violence Act, 2005 - Bond under Section 19(3) - Amount of bond cannot be recovered unless bond is actually executed and thereafter forfeited in accordance with law - Recovery warrant for amount of unexecuted bond is unsustainable - Procedure under Section 446 Cr.P.C./Section 491 BNSS applies only after execution and breach of bond.
Statutory provision(s): Protection of Women from Domestic Violence Act, 2005 Sections 19(3), 19(4), 23(2), 28(2); Criminal Procedure Code, 1973 Section 446; Bharatiya Nagarik Suraksha Sanhita, 2023 Section 491
Kapil Dev Pundeer v. State of U.P., (Allahabad) : Law Finder Doc id # 2987596
