Amendment in Domestic Violence Act proceedings permitted because the process is quasi-civil and follows Section 125 CrPC procedure.

Proceedings under the Protection of Women from Domestic Violence Act, 2005 are quasi-civil in nature and are designed to grant relief to an aggrieved person, not to treat the respondent as an accused except where breach of an order attracts Section 31. Because applications under Section 12 are dealt with in the manner of Section 125 CrPC proceedings, the Court can permit amendment of both the application and the written statement. Amendment was therefore held permissible in such proceedings, and the challenge to the amendment order failed.

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Issues: Whether, in proceedings under the Protection of Women from Domestic Violence Act, 2005, the Court has power to allow amendment of the application and the written statement.

Analysis: Proceedings under the Protection of Women from Domestic Violence Act, 2005 are intended to afford relief to an affected and are not criminal in the ordinary sense. The respondent is not treated as an accused unless there is breach of an order under the Act, and only then does Section 31 operate. Rule 6 also indicates that applications under Section 12 are to be dealt with in the manner adopted for applications under Section 125 of the Code of Criminal Procedure, 1973. In that framework, the proceeding is of a quasi-civil nature and the Court can permit amendment of the application and the written statement.

Conclusion: The Court held that amendment can be allowed in such proceedings, and the challenge to the order permitting amendment failed.

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