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2014 Supreme(P&H) 1314

PUNJAB & HARYANA HIGH COURT
Paramjeet Singh, J.
Anoop and Ors. - Appellant
Versus
Vani Shree - Respondent
Crl. Misc. No. M-36559 of 2013 (O&M)
Decided On : 05-08-2014

Advocates:
For the Appellant :Rahul Rampal, Advocate
For the Respondents:Sandeep Jasuja, Advocate

Domestic Violence--Distant Relatives--It has become an unfortunate trend to implead even the distant relatives--To this extent at least, the law designed for protection of women is being misused for ulterior motives.

Headnote:(A) Protection of Women from Domestic Violence Act, 2005, S.12--Distant Relatives--Domestic Violence--Quashing--Petitioners are related to husband of respondent-complainant being members of an extended family, who are separate in kitchen, residence and all other respects--Held; that petitioners are not the members of intra-family of husband of complainant rather are members of the extended family related to father of the husband of the complainant, who are not in any way residing in the shared household as defined in the Act--Even no specific allegations have been levelled against the petitioners, only their names have been mentioned in the complaint and allegations are general in nature--In earlier proceedings initiated at the instance of respondent-complainant under Section 125 Cr.P.C. and FIR under Section 406/498-A IPC no such allegations levelled--These allegations are after though--Complaint against the petitioners is clearly an abuse of process of law--Criminal Procedure Code, 1973, S.482. (Paras 4 & 14)

       (B) Protection of Women from Domestic Violence Act, 2005, S.12--Distant Relatives--Term domestic violence encompasses a variety of criminal offences--These intra family offences are however are generally between immediate family members but not extended family members or non blood relatives--The phrase ’domestic violence’ has to be understood in context of ’domestic relationship’ and ’shared household’, and therefore, the reliefs are meaningful only against the persons with whom the person aggrieved shares a ’domestic relationship’ and a ’shared household’--However, it has become an unfortunate trend to implead even the distant relatives in such like cases--To this extent at least, the law designed for protection of women is being misused for ulterior motives--The law thus is being used to terrorise the husband, their families and distant relatives and this phenomenon has now acquired the name of ’Legal terrorism’ and rightly so given the extent of its misuse, particularly against the distant relatives of the husband. (Para 13)

Paramjeet Singh, J.

1. Petitioners, who are facing allegations of domestic violence, have approached this Court under Section 482 of the Code of Criminal Procedure for quashing of complaint No. 209-2 dated 11.01.2013 along with Form No. 1 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act') and notice dated 16.07.2013 vide which petitioners have been summoned. Brief facts for disposal of present petition are that respondent-complainant filed an application under the provisions of the Act against the petitioners, husband, father-in-law, mother-in-law, uncles and aunts of the husband, sons and daughters of the uncles of the husband. Petitioners No. 1, 3 and 5 are uncles of husband of respondent, petitioners No. 2, 4 and 6 are their wives, respectively whereas petitioner No. 7 is son of petitioner No. 1, petitioner No. 8 is son of petitioner No. 3 and petitioner No. 9 is married daughter of petitioner No. 1. All of them are having separate residence and mess from the husband's family. It is further averred that earlier respondent/complainant had got registered FIR under Sections 406/498-A IPC against her husband, father-in-law and mother-in-law and during enquiry they were found innocent.

2. I have heard learned counsel for the parties and perused the record.

3. Learned counsel for the petitioners vehemently contended that petitioners are related to husband of respondent-complainant being members of an extended family, who are separate in kitchen, residence and all other respects. Even no single instance of assault, stalking or any other crime has been alleged against the petitioners and it is otherwise not a crime of domestic violence. It is further argued by learned counsel for the petitioners that no specific allegation of harassment or cruelty has been leveled against the petitioners. All the allegations are general in nature. Learned counsel for the petitioners contended that before filing the present complaint, another application was moved before the authorities for recovery of various articles. Even an application under Section 125 Cr.P.C. was moved wherein there was no allegation as levelled in the present complaint. Even in the FIR no specific allegations of harassment or cruelty were levelled against the petitioners.

4. On the other hand, learned counsel for the respondent vehemently contended that petitioners are members of the joint family and have been rightly issued notice for appearance they being also responsible for causing harassment. They are not entitled to quashing of complaint rather they should follow the instructions issued by competent authority from time to time.

5. I have considered the contentions raised by learned counsel for the parties.

6. Before I proceed to deal with the contentions raised by the learned counsel for the parties, it would be appropriate to reproduce relevant Sections of the Act, which read as under:-

"Domestic relationship", "domestic violence" and "shared household" have been defined in Section 2 of the Act as under:-

"(f) "domestic relationship" means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.

(g) "domestic violence" has the same meaning as assigned to it in section 3.

(s) "shared household" means a household where the persons aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent









































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