The legal point established is that the cognizance taken by the Magistrate based on the Domestic Incident Report prepared by the Protection Officer is lawful under the Protection of Women from Domestic Violence Act.

JUDGMENT :

1. The present petition has been preferred by the petitioners under section 482 of Criminal Procedure Code against the order dated 2-6-2017 passed by the Judicial Magistrate First Class, Gwalior in MJC-R No.975/2017, whereby cognizance has been taken against the petitioners for the offence punishable under Section 12 of Protection of Women from Domestic Violence Act.

2-3. Learned counsel for the petitioners has submitted that the cognizance is taken only on the basis of Domestic Incident Report (DIR) preferred by the Project Officer/Protection Officer, Integrated Child Development Project, Urban No.1, District Gwalior, in which there is no sufficient evidence showing involvement of the present petitioners in any manner. The present petitioners are brother-in-law and sister-in-law of the respondent. There were disputes and quarrels between the respondent and her husband. One information was also published with regard to dissolution of relations between the respondent and her husband in the daily newspaper Dainik Bhaskar. Despite that, present petitioners have been falsely implicated in this case. Therefore, prayed for quashing of the proceedings pending against the present petitioners.

4. On the contrary, learned counsel for the respondent prays for dismissal of the petition on the ground that sufficient material is available against the petitioners to connect them with the offence.

5. Heard learned counsel for the rival parties and perused the material available on record.

6. In the present case, an objection is raised that the case was registered on the basis of Domestic Incident Report (DIR) only produced by the person appointed by the State Government, whose primary duty is to help the Magistrate in the protection of women from domestic violence. He also helps victims lodging complaint in proper format which is known as Domestic Incident Report or DIR. Besides the same, the Protection Officer shall prepare a list of shelter homes having liaseu with the local police station for compliance of any order/protection of victims, getting proper medical attention to the victims. DIR is prepared in a format which is provided under the Act. Domestic Violence may be of physical abuse, economic abuse or sexual abuse. That means any act or conduct shall constitute domestic violence that harms or creates danger for life, limb or health of the complainant or relates to emotional abuse as insult, torture, taunting etc, which creates havoc with the victim would be emotional abuse whereas economic abuse can be deprivation of economic or financial resources and not giving enough money to run house held expenses and even preventing the woman from earning. It also includes prohibition or restriction to access to resources or use facilitates which the aggrieved person is entitled to by virtue of the domestic relationship with the respondent.

7. The “Domestic Incident Report” is defined in sub-section (e) of section 2 of Domestic Violence Act. “Domestic Incident Report” means a report made in the prescribed form on receipt of a complaint of domestic violence from an aggrieved person.

8. Section 9 of Domestic Violence Act runs as under :—

“9. Duties and functions of Protection Officers. — (1) It shall be the duty of the Protection Officer — (a) to assist the Magistrate in the discharge of his functions under this Act; (b) to make a domestic incident report to the Magistrate, in such form and in such manner as may be prescribed, upon receipt of a complaint of domestic violence and forward copies thereof to the police officer in charge of the police station within the local limits of whose jurisdiction domestic violence is alleged to have been committed and to the service providers in that area; (c) to make an application in such form and in such manner as may be prescribed to the Magistrate, if the aggrieved person so desires, claiming relief for issuance of a protection order; (d) to ensure that the aggrieved person is provided legal aid under