IMPORTANT POINT
The court emphasized the need for a cautious approach in cases of misuse of the Protection of Women against Domestic Violence Act, 2005, and highlighted the requirement for the allegations to constitute the necessary ingredients for the offence under the Act.

JUDGMENT :

1. By way of present petition under Articles 226 and 227 of the Constitution of India, under Section 482 of the Code of Criminal Procedure Code, 1973 (hereinafter referred to as “CrPC” for short” and under the provision of the Protection of Women against Domestic Violence Act, 2005 (hereinafter after referred as “Violence Act” for short) , the petitioners have prayed for quashing and setting aside the impugned complaint/ proceedings being Criminal Misc. Application No.1792/2014 filed by the responded no.2 herein before the court of the learned Judicial Magistrate, 3rd Court, Vadodara as well as issuance of the summons by an order dated 24.06.2024 passed by the learned Judicial Magistrate, 3rd Court, Vadodara and all other consequential proceedings arising out of the said complaint.

2. The brief facts leading to the filing of the present petition are as under,

2.1 The petitioner no.1 and the respondent no.2 got married on 09.05.2004 as per Hindu rites and rituals and out of said wedlock, they have been blessed with two daughters viz., Honey and Hetvi.

2.2 However after the marriage, disputes were cropped up between the husband and wife and the family members of the petition no.1 had tried to resolve it but the efforts made by them had gone into vein.

2.3 Ultimately, the petitioner no.1 and the respondent no.2 have decided to get separated from each other and accordingly on 28.02.2010, the marriage between them got dissolved by reducing it into writing on certain terms and conditions, copy of which is produced at Annexure-B to this petition. As per the said agreement executed between the parties, the petitioner no.1 agreed to pay permanent alimony to the respondent no.2 and his daughters and it was also assured by the responded no.2 that she will not file any criminal and/or civil proceedings before any court concerned and at that time, the custody of both minor daughters were handed over to the responded no.2 and in case of second marriage by the respondent no.2, the custody of minor daughters will be given to the petitioner no.1.

2.4 Thereafter on 09.11.2012, the petitioner no.1 and the respondent no.2 entered into a divorce deed on the stamp paper of Rs.100/- and at the time of execution of said deed, it was specific condition mentioned in the said deed to the effect that so far as the right of permanent maintenance is concerned, the petitioner no.1 will transfer his own house in favour of the respondent no.2 and his minor daughters, copy of said divorce deed is produced at Annexure-C.

2.5 As per the terms and conditions agreed between the parties, the petitioner no.1 had transferred his own house situated at B/15, Sayaji Township, Vadodara in favour of the respondent no.2 and his minor daughters by way of executing registered sale deed dated 20.11.2012, copy of said registered sale deed is produced at Annexure-D.

2.6 To the utter shock and surprise of the petitioners, the respondent no.2 filed Criminal Misc. Application No.104/2013 under Section 125 of the CrPC before the learned Family Court, Vadodara inter alia praying for maintenance from the petitioner no.1 Not only that, the respondent no.2 also filed impugned complaint being Criminal Misc. Application No.1792/2014 under Sections 17, 18, 19, 20 and 22 of the Violence Act inter alia seeking several prayers.

2.7 Thereafter the proceedings pending before the learned Family Judge, Vadodara were proceeded further and after hearing the parties, learned Family Judge, by an order dated 12.08.2014, granted interim maintenance of Rs.3,000/- per month to minor daughters and relief prayed in favour of the respondent no.2 for the grant of maintenance has been rejected.

2.8 Thereafter amicable settlement has been arrived at by and between the parties and in pursuance thereto, the petitioner no.1 had issued cheque for an amount of Rs.3,00,000/- in favour of the responded no.2 on 27.02.2015, which was honoured on deposit of the same.

2.9 In the meantime, by an order dated 24.06.2014, t