The veracity of the allegations in a complaint petition under the PWDV Act depends on the evidence to be adduced by the complainant, and it is not necessary for the complainant to cite detailed particulars of every single act of cruelty.

JUDGMENT

Sashikanta Mishra, J. - The petitioners have challenged the order dated 24.12.2019 passed by learned Sessions Judge, Ganjam, Berhampur in Criminal Appeal No.39 of 2017 whereby the said appeal, preferred by them was dismissed and the order dated 18.08.2017 passed by learned S.D.J.M, Berhampur in M.C. No.75 of 2017 was confirmed.

2. Petitioner Nos.1 and 2 are the father-in-law and mother-in-law respectively of the opposite party, who married their son on 13.12.2015. It is alleged that she was subjected to domestic violence by her husband in-laws on different grounds and also in connection with demand for more dowry. The opposite party therefore, filed a complaint under Section 12 of the PWDV Act being Misc. Case No.75 of 2017 in the court of learned S.D.J.M., Berhampur. In the said complaint she prayed for passing of orders under Sections 18, 20, 22 and 23 of the Act besides direction to respondents to re-deposit Rs.5,80,004/- in her name and to pay monthly maintenance and compensation etc. After receipt of notice the present petitioners appeared and filed an application on 18.08.2017 to drop the proceeding against them as there was no material to proceed against them. It was stated that the allegations made in the complaint do not make out any case of domestic violence. Learned S.D.J.M. heard and rejected the petition on the same day holding that the application under Section 12 clearly makes out a case against both the respondents (parents-in-law). The petitioners carried the matter in appeal to the Court of Sessions, being Criminal Appeal No. 39 of 2017. Learned Appellate Court considered the rival submissions, the settled position of law and in particular, the averments made in paragraphs-4, 11 and 17 of the complaint petition to hold that the same, prima facie, reveal a case of domestic violence. Thus, the appeal was dismissed. Being further aggrieved, the petitioners have approached this Court in the present revision.

3. Heard Mr. S.P. Mishra, learned Senior Counsel with Mr. Soumya Mishra, learned counsel for the petitioners and Mr.S.K Pradhan, learned counsel appearing for the opposite party-wife.

4. Learned Senior Counsel, Mr. Mishra would contend that if the averments made in the complaint petition are viewed objectively, it would reveal that the allegations are directed mainly against the husband. In so far as the petitioners are concerned, firstly, there are no allegations as such to show commission of domestic violence and secondly, the same are too general in nature to be taken note of judicially. It is further argued by Mr. Mishra that there is a tendency to implicate all the in-laws and other family members only to subject them to harassment and therefore, it is for the Court to judiciously separate the grain from the chaff. Mr. Mishra has relied upon a decision of the Apex Court in the case of Shyamlal Devda and others v. Parimala, reported in (2020) 3 SCC 14 in this regard.

5. Per contra, Sri S.K.Pradhan argues that strict rules of pleading are not applicable to a complaint filed under PWDV Act and that having regard to the statutory intent of protecting women from domestic violence, it would suffice if, prima facie, the complaint contains allegations which can be subsequently proved by adducing evidence.

In the instant case, according to Mr. Pradhan, there are enough materials to show that the opposite party-wife was subjected to physical, mental, verbal and emotional abuse by the petitioners at different points of time and therefore, both the courts below have rightly rejected the contentions advanced by then.

6. From the rival contentions noted above, it is evident that the revision can be decided by referring to the averments made in complaint petition. Regardless of the findings of the courts below, this Court deems its proper to go through the averments of the complaint petition to see if any case of domestic violence is made out against the petitioners. Six (6) paragraphs of the complaint petition ar