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2025 Supreme(SC) 1564

SUPREME COURT OF INDIA
VIKRAM NATH AND SANDEEP MEHTA, JJ.
Rajinder Kumar Jaipuria And Others – Appellant
Versus
Sakshi Jaipuria – Respondent
Criminal Appeal No. 2158 of 2025 (Arising from SLP (Crl) No. 7740 of 2023)
Decided on : 23-04-2025

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Protection of Women from Domestic Violence Act, 2005 - Section 12 - Quashing of complaint - The High Court dismissed the appellants' petition for quashing the complaint under the DV Act and summons - The Supreme Court found the complaint to be a counterblast to prior legal actions taken by the appellants against the respondent's husband involving forgery and financial fraud. The court noted the absence of specific allegations in the complaint and that it lacked substance, highlighting the retaliatory motive behind its filing. As a result, the complaint and summoning order were quashed. (Paras 3 and 10)

Facts of the case:
The appellants, relatives of the respondent, faced a domestic violence complaint following their prior legal action regarding mortgage fraud involving substantial amounts of money, where the respondent allegedly forged documents. The complaint was filed after 15 years of marriage and after criminal proceedings had begun against the respondent’s husband. (Paras 3.1 to 3.9)

Findings of Court:
The High Court’s dismissal of the quashing petition acknowledged the ongoing nature of the complaint under the DV Act as motivated and retaliatory, allowing the appellants’ perspective that the complaint was unfounded and unsubstantiated. (Paras 3 and 10)

Issues: The main issues involved the legitimacy of the complaint under the DV Act and its timing in relation to earlier criminal proceedings initiated by the appellants.

Ratio Decidendi: The court concluded that the complaint under the DV Act was dismissed on grounds of a lack of specificity, absence of real incidents invoked, and retaliatory nature, affirming that misuse of the DV Act is unacceptable. (Paras 6, 8, and 10)

Result: The appeal is allowed, and the complaint along with the summons is quashed.

Table of Content
1. background of the case and preceding events. (Para 2 , 3)
2. complaint considered retaliatory and lacking merit. (Para 6 , 8)
3. no involvement of certain appellants in domestic relations. (Para 7)
4. absence of respondent strengthens appellants' case. (Para 9)
5. quashing of complaint and appeal allowed. (Para 10 , 11)

ORDER :

1. Leave granted.

2. The present appeal arises out of the order dated 23.03.2023 passed by the Punjab and Haryana High Court whereby the appellants' petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC), seeking quashing of Complaint No. COMA 1596 of 2019 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act) and the summoning order dated 08.11.2019 by which notice was issued to the appellants, was dismissed by the High Court.

3. The facts giving rise to the present appeal are as follows. The appellants are the father-in-law, mother-in-law, brother-in-law, and sister-in-law of the respondent-complainant.

3.1. Anuj Jaipuria, the younger son of appellant no.1 and 2, married the respondent-complainant on 22.11.2004. Two children were born out of the said marriage.

3.2. Appellant no.1 purchased a residential house in Noida. The ground floor was occupied by the younger son, Anuj Jaipuria, along with the respondent, while appellant no.1 and appellant no.2 occupied the first floor. The elder son, appellant no.3, and his wife, appellant no.4, reside separately. A housing loan of Rs.2,47,13,363/- was issued in the name of Anuj Jaipuria and the respondent, with appellant no.1 named as the principal borrower and appellant no.2 as co-borrower, allegedly without their knowledge or consent.

3.3. Subsequently, individuals claiming to be officials of M/s Cholamandalam Investment & Finance Company Ltd visited the residence, seeking information regarding Anuj Jaipuria and the respondent due to default in EMI payments. Upon enquiry, the appellants discovered that their son and the respondent had mortgaged the property of appellant no.1 without his knowledge, allegedly by forging his signature on various documents.

3.4. On 11.04.2018, appellant no.1 filed a complaint before the D.C.P., Economic Offences Wing, Crime Branch, Mandir Marg, New Delhi, against his son, Anuj Jaipuria, along with officials of the financial company and an officer of the New Okhla Industrial Development Authority, seeking registration of an FIR. A similar complaint was also submitted on 25.04.2018 before the S.S.P., Noida.

3.5. In April 2018, Anuj Jaipuria and the respondent moved out of the residential premises.

3.6. The complaint dated 11.04.2018 was subsequently converted into FIR No.0193 dated 29.09.2018, registered under Sections 420 , 467, 468, 471, and 120B of the INDIAN PENAL CODE , 1860 (IPC), against Anuj Jaipuria, officials of the financial company, and the officer of the authority concerned.

3.7. In November 2019, the respondent filed the present complaint under Section 12 of the DV Act, being COMA No.1596 of 2019, and the Judicial Magistrate issued notice in the matter on 08.11.2019, summoning the appellants.

3.8. Subsequently, the respondent and Anuj Jaipuria were arrested on 06.01.2021.

3.9. The appellants thereafter preferred a petition under Section 482 CrPC seeking quashing of the said complaint and summoning order. The High Court, however, did not quash the proceedings and instead disposed of the petition with certain directions. Aggrieved by the said order, the appellants are before us in the present appeal.

4. We have heard the learned counsel appearing for the appellants.

5. Despite service of notice, the respondent has not entered appearance or filed any response before this Court.

6. In the present case, the sequence of events leaves little doubt that the complaint filed by the respondent is a counterblast to the legal proceedings already initiated by appellant no.1 against her and her husband, the appellants' son. The material placed on record indicates that the appella

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