General and omnibus allegations against in-laws without specific instances do not constitute domestic violence, justifying quashing of proceedings under the Protection of Women from Domestic Violence Act.

ORDER

M. Nagaprasanna, J. -

The petitioners who are the father-in-law, mother-in-law and brother-in-law of the respondent are before this Court calling in question proceedings initiated by the respondent in Criminal Miscellaneous No.570 of 2021 before the Chief Judicial Magistrate, Bengaluru Rural District invoking Section 12 of the Protection of Women from Domestic Violence Act, 2005 ('the Act' for short).

2. Facts, in brief, germane are as follows:-

One R. Vijay Babu Waghmare and the respondent got married on 25-02-2021. Barely after 7 months of marriage, alleging that the husband and the in-laws or the family members have meted out torture upon the wife, the respondent/wife invoked the jurisdiction of the learned Magistrate under Section 12 of the Act seeking several reliefs, the protection order for residence and maintenance from the hands of the husband. These petitioners are arrayed as respondents 2, 3 an 4 therein alleging that they have also instigated the husband in meeting out such torture upon the wife, which would become the ingredients of what would the domestic violence against the wife would mean. No order is passed by the concerned Court. The Petitioners who are respondents 2, 3 and 4 therein have called in question in this petition the very initiation and drawing up of these petitioners into the proceedings before the concerned Court. Therefore, the entire proceedings are sought to be quashed.

3. Heard Sri Amar Correa, learned counsel for the petitioners and Sri T.Prakash, learned counsel appearing for the respondent.

4. The learned counsel appearing for the petitioners would vehemently contend that the petitioners have nothing to do with the life of the husband and the wife. They are without any rhyme and reason driven into these proceedings. Though no order is passed, it is their submission that as to why the petitioners 2 and 3 who are now senior citizens should undergo the misery of appearing before the Court when they have not performed any overt act that would attract violence. It is his submission that the wife has various grievances against the husband. The proceedings should have stopped at that and not dragging every member of the family.

He would submit that the 3rd petitioner is the brother-in-law of the respondent who lives elsewhere and has no connection with the people who are now directed to face proceedings. He would seek quashment of entire proceedings.

5. Per-contra, the learned counsel for the respondent would project a threshold bar. It is his submission that the criminal petition is not maintainable. As appeal should be preferred as obtaining under Section 29 of the Act and that would be a statutory, efficacious and alternative remedy. Invoking jurisdiction of this Court is, on the face of it, erroneous is the submission of the learned counsel. He would submit, without prejudice to his contentions qua maintainability of the petition, that the 3rd petitioner has no role to play, but petitioners 1 and 2 being father-in-law and mother-in-law, have undoubtedly a role to play in what the husband has behaved with his wife. Therefore, the proceedings must be permitted to continue. He would seek dismissal of the petition.

6. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record.

7. In the light of the aforesaid submission of the learned counsel for the respondent, I would deem it appropriate to consider the threshold bar of entertainability of the subject petition in the teeth of existence of alternative statutory remedy of appeal provided under the Act. To answer the said issue, it would become necessary to notice certain provisions of the Act. An application under Section 12 of the Act can be preferred on various circumstances. Therefore, application is preferred by the aggrieved woman alleging domestic violence. Domestic violence is defined under Section 3 of the Act, reading:

'3. Definition of domestic violence.-For the p