The court cannot quash a domestic violence case at a premature stage without evidence of domestic violence.

JUDGMENT :

1. Heard Md. I. Hussain, learned counsel for the petitioners. Also heard Mr. D.K. Medhi, learned counsel for the respondent.

2. The petitioner No. 1 is the husband of the respondent whereas the petitioner Nos. 2, 3, 4 and 5 are the in-laws of the respondent.

3. The genesis of the case was that the marriage between the petitioner No. 1 and the respondent was solemnised as per “Shariat” on 16.09.2021. Unfortunately their marital life was struck by chord of disharmony. The respondent used to quarrel with the petitioners on petty issues. She used to remain busy with her mobile phone and used to gossip with some unknown person. The petitioner No. 1 requested the respondent to discard her habits. On 29.10.2021, the respondent deserted the petitioner without any rhyme or reason. The petitioner No. 1 went to the respondent’s parental home to bring back the respondent but she refused to return to her matrimonial home. The respondent’s family members also exercised threats through some antisocial miscreants. This impelled the petitioner to lodge an ejahar (FIR) with the police at Mahabhairab Police Outpost on 18.12.2001 (Annexure-1). The respondent was summoned to the police station and she gave an undertaking on 22.12.2021 stating that she had left her husband-petitioner No. 1 herein and she would abstain from maintaining communication with the petitioner No. 1 and the spouses will not be responsible for each other.

4. As the respondent did not return to her matrimonial home after several requests, the petitioner No. 1 sent a legal notice to the respondent asking her to return to her matrimonial home (Annexure No.3). As the respondent did not respond to the legal notice, the petitioner No. 1 filed a title suit for restitution of conjugal rights which was registered as T.S. (M) No. 59 of 2022 (Annexure-4). After receiving notice in connection with the title suit, the respondent filed a written statement on 22.07.2022 with false, concocted and wild allegations contending inter alia that the petitioner No. 1 demanded dowry. It is averred that the respondent never raised any allegation relating to demand of dowry when she left her matrimonial home.

4. It is further averred that the respondent, at the behest of her family members filed a petition u/s 12 of the Protection of Women for Domestic Violence Act, 2005 against her husband and her in-laws with false allegations and this case was registered was D.V. Case No. 432/2022 (Annexure No. 6). It is contended that the respondent had taken away all her Stridhan articles from her matrimonial home even before filing the domestic violence case against the petitioner and his family members. It is submitted that there is absolutely no ingredient or any material against the petitioners which may constitute any offence under the Domestic Violence Act of 2005 (the D.V. Act for short), and respondent is not entitled to any relief u/s 18, 19 and 20 of the D.V. Act. The case under the D.V. Act has been filed by the respondent as a counter-blast to the various steps of legal proceeding brought against the respondent. Possibility of conviction thus appears to be remote and bleak. The petitioners have prayed to set aside and quash the proceedings of the D.V. Case No. 432/2022.

5. Per contra the learned counsel for the respondent has submitted that this petition u/s 482 of the Code of Criminal Procedure (Cr.PC for short) is not maintainable as a proceeding under a D.V. Act is a proceeding of civil nature. In the event, the petitioners are convicted for violation of any order, then there may be a case for setting aside the proceeding u/s 482 Cr.PC. This case is at a premature stage and cannot be quashed and set aside. The written statements marked as Annexure-6 clearly reveals that an FIR was lodged against the petitioners which was registered as Tezpur P.S. Case No. 626/2022 u/s 498A of the Indian Penal Code (IPC for short) read with Section 4 of the Dowry Prohibition Act. The learned counsel for the re