Serial No. 40 Regular HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 316/2024 CM(5165/2024) Mohammad Ismail Wani. …Petitioner(s) Through: Mr. Musavir, Advocate. VERSUS Masarath Gousia. Through: …Respondent(s) CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE. ORDER 01.07.2025 1. The petitioner has invoked the jurisdiction of this court under Article 227 of the Constitution seeking a direction upon learned Trial Magistrate that he should be exempted from personal appearance in proceedings initiated by respondent against him under Section 12 of the Protection of Women from Domestic Violence Act (hereinafter DV Act). 2. Heard and considered. 3. So far as the proceedings under the DV Act, are concerned the same are quasi civil in nature. This court as well as the Supreme Court has time and again held that the proceedings under the DV Act are not in the nature of criminal proceedings which require personal attendance of the respondent. 4. The proceedings under Section 12 of DV Act cannot be equated with lodging of a criminal complaint or institution of prosecution. It seems that the learned Trial Magistrate has treated the application filed by the respondent against the petitioner under Section 12 of the DV Act as a criminal complaint and it is for this reason that personal appearance of petitioner is being insisted upon. The course adopted by the learned Magistrate is contrary to the provisions contained in DV Act. 5. In view of the above, the petition is disposed of with a direction that the learned Trial Magistrate shall not insist upon the personal appearance of the petitioner in connection with the proceedings under Section 12 of the DV Act pending before against him. 6. A copy of order be sent to learned Trial Magistrate for compliance. (Sanjay Dhar) Judge SRINAGAR 01.07.2025 Sarvar