IMPORTANT POINT
Compensation for domestic violence under the D.V. Act includes mental and emotional distress, irrespective of acquittal under criminal charges.

ORDER :

1. The learned counsel for the applicants in Criminal Application Nos.1404 of 2022 and Criminal Application No.1405 of 2022 submits that by these applications, the applicants are seeking permission for production of documents and these documents are produced on record, hence these applications have become infructuous and can be disposed off.

2. Considering the submissions of learned counsel for the applicants, these applications are disposed off as they have become infructuous.

3. The issue involved in Writ Petition Nos. 1341 of 2015 and Writ Petition No.190 of 2016 is same as in these writ petitions, the petitioners are challenging the judgment and order passed by the learned Additional Sessions Judge, Bhusawal (For short, “ Lower Appellate Court”) in Criminal Appeal No.158 of 2014 dated 16th September, 2015. By way of the impugned judgment and order, the learned Lower Appellate Court has partly allowed the appeal filed by the petitioners and has modified the order passed by the Judicial Magistrate, First Class, Muktainagar (For short, “trial Court”) in Criminal Misc. Application No. 29 of 2009. The trial Court by the judgment and order granted a maintenance of Rs.10,000/- to original petitioner i.e. respondent no.1 and also directed the original opponents i.e. petitioners to pay Rs.5,00,000/- as a compensation to the respondent no.1, for indulging into domestic violence. The learned Lower Appellate Court has partly allowed the appeal and directed the original opponents i.e. petitioners to pay maintenance of Rs.10,000/- per month and Rs.5,00,000/- as compensation.

4. In writ petition no.1341 of 2015, the petitioner no.1 is the brother- in-law and petitioner no.2 is the sister-in-law of the respondent no.1. During pendency of the petition, petitioner nos. 3 and 4 have died. In writ petition no.190 of 2016, the petitioner is the husband of respondent no.1.

5. The learned counsel for the petitioners in both writ petitions submits that they are not disputing the maintenance amount of Rs.10,000/- per month, hence they are not pressing the issue of maintenance amount.

6. Brief facts of the case are as under :-

The respondent no.1 got married with the petitioner in criminal writ petition no.190 of 2016 on 7th June, 1993. After marriage, she resided in a joint family consisting of the petitioners. It is alleged that the petitioners harassed the respondent no.1 mentally and physically on different grounds. The respondent No.1 had filed an application seeking various reliefs under the provisions of Protection of Women From Domestic Violence Act (For short, “D.V. Act”) in the trial Court. She alleged inter alia that in the marriage her father had given 70 Tolas gold, some silver ornaments and cash amount of Rs.3,00,000/- and many other things for domestic purposes as stridhan. It is alleged that the petitioners used to say that the marriage was not performed upto their expectations and they have been deceived in the marriage. They used to insult respondent no.1. It is further alleged that respondent no.1 was forced to go for an abortion. In the year 1999, the petitioners had assaulted the respondent no.1 and abused her. They used to make demand of money from her parents. It is alleged that respondent no.1 told to her parents about the ill treatment by petitioners. It is further alleged that when respondent no.1 was pregnant for 2nd time, the petitioners used to say that second child would be a female child and she was forced to go for an abortion. It is alleged that husband/petitioner assaulted the respondent no.1 mercilessly due to which her tooth was broken. In sum and substance, it is alleged that the petitioners would cause mental and physical harassment to the respondent no.1.

7. It is contention of the learned counsel for the petitioners that the allegations against the petitioners are false and baseless. The petitioners have been acquitted from the offenses punishable under section 498-A of the Indian Penal Code on the complaint