However, in P Arun Prakash and Others v. S Sudhamary, the Court took a diametrically opposite view by holding that proceedings initiated under the DV Act are criminal in nature. The Court in the above case highlighted the relevant provisions under the DV Act, and after citing Section 26 of the Act, plainly concluded that the applicability of CrPC would make the proceedings under the DV Act criminal in nature.
It is important to note that the issue in the said case pertained to a petition seeking withdrawal of a DV case from the Metropolitan Magistrate Court and to transfer the same to the file of the Family Court. As the Registry had questioned the very maintainability of the plea under Article 227, the same was posted before the High Court. The Court eventually confirmed the maintainability issues raised by the Registry and proceeded to make observations with respect to the nature of proceedings under the DV Act. Therefore, the moot issue in the said case was with respect to the very maintainability of the transfer CMP, as it did not relate to the nature of jurisdiction exercised under the DV Act
Source: Barandbench
