The misuse of the Domestic Violence Act for property disputes is impermissible; complaints must genuinely allege domestic violence and not serve ulterior motives.

JUDGMENT :

CHANDRA SHEKHAR JHA, J.

1. Heard Mrs. RashmiJha, learned counsel appearing on behalf of the petitioner and Mr.ShekharSingh, learned senior counsel appearing for the opposite party no. 2 .

2. The present application has been preferred under Section 482 of the Code of Criminal Procedure, 1973 (in short, the ‘Cr.P.C.’) to quash and set aside the entire proceeding, including the order dated 31.03.2023 in Complaint Case No. 516/2023 (Enquiry Case No. 627/2023) under Section 12 of the Domestic Violence Act, 2005 , (hereinafter referred to as the “D.V. Act”) pending before learned S.D.J.M., Chapra at Siwan.

3. The prosecution’s case in brief, is that the complainant entered into matrimony with the deceased Brajesh Mishra, son of petittioner no. 01 on 24.11.2016. it is alleged that subsequent to the marriage, the complainant was subjected to cruelty and harassment in connection with unlawful demands for dowry. The complainant alleged that after the demise of her husband in the year 2022, the petitioners were shifted to the residential flat, which is situated at Danapur, Patna, and have kept in their possession, all the documents like insurance paper, property documents etc. She further alleged that due to assault and torture, she was living in her parent’s house. Hence, the present complaint case seeking redressal of the aforesaid grievances.

4. It is submitted by Mrs. Rashmi Jha, learned counsel appearing for the petitioners that petitioner no. 1 is the mother-in-law, petitioner no. 2 is the brother-in-law (Jaith) and petitioner no. 3 is the sister-in-law (Jethani) of the opposite party no. 2. It is submitted that all sequence of alleged false implication under the provisions of Domestic Violence Act commenced only after the demise of her husband in the year 2022, who succumbed to cancer. It is pointed out that the husband of O.P. No. 2 was working with a bank and was posted at Kolkata. The present case was lodged by O.P. No. 2 on 01.03.2023 after receipt of notice in CWJC No. 2846/2022, filed by petitioner no. 1, wherein this Hon’ble Court was pleased to issue notice to O.P. No. 2 vide its order dated 09.02.2023.

5. It is further submitted by Mrs. Jha that the aforesaid writ petition was preferred by the petitioners seeking release of the NPS amount and other death benefits of Late Brajesh Mishra, deceased husband of O.P. No. 2, for the purpose of adjustment towards the outstanding home loan liability availed for the purchase of Flat No. 303, Lotus Mansion, Gola Road, Ramjaipal Nagar, Opposite Madhurani Complex, Danapur, Patna, on 17.10.2016. It is submitted that ever since their marriage on 24.11.2016, the O.P. No. 2 has hardly stayed with her husband, i.e., the son of petitioner no. 1. It is submitted that the son of petitioner no. 1, who is the husband of O.P. No. 2, was diagnosed with cancer in the month of October, 2019, but O.P. No. 2 never visited him during the period of his illness and treatment, and, she never took care of him in any manner whatsoever. Due to the aforesaid indifferent, callous and torturous behaviour of O.P. No.2, her husband in his lifetime had changed the nomination of one of his life insurance policies (LIC) by replacing his wife’s name i.e. the name of O.P. No.2 with that of his brother Hrishikesh Mishra (petitioner No.2). Said nomination was also made in view of the fact that all the cost for treatment and care of the husband of O.P. No. 2 was incurred by both petitioners and, therefore, as a matter of family understanding, petitioner no. 2 was nominated with LIC.

6.