Failure to substantiate allegations and provide evidence under the D.V. Act can lead to the dismissal of the petition.

ORDER

By way of present petition under section 482 of the Code of Criminal Procedure 1973 ('Cr.P.C.') the petitioner/wife seeks setting-aside of judgement dated 26.05.2017 made by the learned Additional Sessions Judge in CRL.A. No. 345/2016, whereby the learned ASJ has been pleased to uphold judgement dated 15.11.2016 made by the learned Metropolitan Magistrate in CC No.46-V/2012 on a complaint made by the petitioner under Section 12 of the Protection of Women from Domestic Violence Act, 2005 ('D.V. Act').

2. Notice on this petition was issued on 07.09.2017; whereupon respondent Nos. 1, 3 and 4 have filed their reply. Rejoinder thereto has also been filed in the matter. Counsel for the respondents submits that respondent No. 2/ father-in-law has since passed away.

3. Mr. Neeraj Bhardwaj, learned counsel appearing for the petitioner has sought to impugn judgement dated 26.05.2017 essentially on the basis that the learned ASJ has failed to appreciate that the petitioner had successfully shown that she was an 'aggrieved person' and that acts of violence had been committed upon her by the respondents. Counsel has taken the court through the impugned order, in particular assailing the inferences and conclusions drawn by the learned ASJ in paras 9, 10, 11 and 12 thereof.

4. It is noticed from a perusal of the impugned judgement that the learned ASJ records that the appellant, who was examined as PW-1 before the learned Magistrate, had confirmed that she had received the amount of mahr; but had failed to produce any document in support of the articles (i.e. TV, refrigerator, washing machine, etc.) that she had alleged were given to the respondents at the time of marriage. The learned ASJ further records that the petitioner had failed to adduce any evidence, whether documentary or otherwise, to substantiate the allegation that respondent No.1 was in an illicit relationship with a lady who had been named in the complaint; or that the said lady was respondent No.1's wife.

5. The learned ASJ further records that the petitioner's allegations were general in nature, with no specifics provided either in the complaint or in her testimony as regards harassment due to dowry demands. It is further recorded that the petitioner's testimony suffers from inherent discrepancies and contradictions. The learned ASJ finds, that having alleged in her complaint that the respondents had demanded from her Rs.3 lacs and a car, the petitioner could not even confirm these facts in the witness box; and could also not connect the demands with dowry harassment.

6. The learned ASJ has further gone-on to record that the petitioner had not lodged any complaint nor made any PCR call nor got herself examined, when she alleged that respondent No.1 had cut her vein. The petitioner did not even report the incident to her parents. The learned ASJ further records that the same was the position in respect of the alleged incident of 28.07.2010.

7. In these circumstances, the learned ASJ concludes that the petitioner's allegations were "... only vague and omnibus in nature"; that the petitioner had failed to establish the factum of domestic violence alleged to have been committed against her.

8. On the other hand, the learned ASJ records that respondent No.1 had filed 02 complaints on 23.09.2010 and 03.11.2010, i.e. prior to the filing of the petition under the D.V. Act by the petitioner, which disclosed "... her unwelcome behaviour with respondents." The learned ASJ proceeds then to record that the consequences of an order under the D.V. Act entails grave and serious consequences; and the petitioner having failed to establish any domestic violence having been committed upon her, she was not entitled to any monetary relief, especially since she had admitted to having received the mahr amount and had admitted to being an educated person capable of earning for herself.

9. The learned ASJ also records, that though respondent No.1 had filed his examination-in-chief by w