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2024 Supreme(Ker) 593

A. BADHARUDEEN
Rasheed K. S. , S/o. Late Sainudheen K. A. – Appellant
Versus
State of Kerala, Represented by Public Prosecutor, High Court of Kerala – Respondent


Advocates Appeared:
For the Petitioner: Ashik K. Mohamed Ali, Vishnu V. Nair, Muhammed Rifa P.M., Ruksana K. Zubair, Ehlas Haleema C.K., Salman Faris, Gayathri Ashish Nair.
For the Respondents: Sri. Renjit George, Senior Public Prosecutor, T.U. Sujith Kumar.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The case involves a petition under Section 482 of the Criminal Procedure Code seeking to quash proceedings initiated against the petitioners in a matter related to domestic violence under the Protection of Women from Domestic Violence Act, 2005 (DV Act) (!) (!) .

  2. The petitioners argue that there are no allegations of domestic violence or cruelty against them, and therefore, the proceedings should be quashed (!) (!) .

  3. The respondents contend that the allegations suggest interference with the peaceful living of the respondent and that the matter requires trial (!) (!) .

  4. The court emphasized the definitions under the DV Act, particularly:

  5. 'Aggrieved person' as a woman who has been subjected to domestic violence and is in a domestic relationship (!) .
  6. 'Domestic relationship' as a relationship between persons living or who have lived together in a shared household, related by marriage, kinship, or in a relationship akin to marriage (!) .
  7. 'Domestic violence' as any act or conduct that harms or endangers the health, safety, or well-being of the aggrieved person, including physical, sexual, verbal, emotional, or economic abuse (!) (!) .

  8. The court noted that the allegations in the complaint, which primarily concern disturbances and disputes within a shared household, could potentially constitute domestic violence under the Act, depending on the overall facts and circumstances (!) (!) .

  9. The court concluded that the allegations were neither insufficient nor omnibus to warrant quashment and that the petition for quashment should be dismissed (!) (!) .

  10. The final order was to dismiss the petition and communicate the order to the trial court for implementation (!) (!) .

In summary, the court upheld the proceedings under the DV Act, emphasizing that the definitions and scope of domestic violence include acts that disturb the peaceful living and well-being of persons in a domestic relationship, and found that the allegations in this case warranted continued proceedings.


ORDER :

This is a petition filed by the petitioners under Section 482 of the Code of Criminal Procedure seeking quashment of Annexure A1 and all further proceedings against them in M.C. No.37/2023 on the files of Additional Chief Judicial Magistrate Court, Ernakulam.

2. Heard the learned counsel for the petitioners, the learned Public Prosecutor and the learned counsel appearing for respondents 2 and 3.

3. The petitioners are respondents 2 to 4 in M.C. No.37/2023 of the Additional Chief Judicial Magistrate Court, Ernakulam.

4. It is submitted by the learned counsel for the petitioners that despite having no allegations of domestic violence or cruelty, the petitioners, who are the husband of the aggrieved person, brother's wife and another brother got arrayed as respondents. According to the learned counsel for the petitioners, only when there are allegations attracting domestic violence, petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 ('DV Act' for short hereinafter) is maintainable against the petitioners.

5. The learned counsel for the petitioners relied on the decision reported in Samar Ghosh v. Jaya Ghosh [(2007) 4 SCC 511] and the conclusions t

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