Proceedings under the Protection of Women from Domestic Violence Act are quasi-criminal, thus maintainable; quashing petitions at this stage is inappropriate when prima-facie allegations exist.

ORDER :

VISHAL DHAGAT, J.

1. Counsel appearing for respondent no.2 submitted that petition under Section 482 of Cr.P.C is not maintainable against the case, which is filed under the Protection of Women from Domestic Violence Act, 2005.

2. Counsel appearing for petitioners submitted that proceedings are quasi criminal in nature under the Act. Therefore, petition is maintainable.

3. Heard on the question of maintainability of petition.

4. Claim for maintenance, protection orders, residence orders, custody orders and compensation orders are passed under the Protection of Women from Domestic Violence Act, 2005, only when aggrieved person is subjected to harms, injuries to his health, safety, life, limb or well being. Act of a person causes harm, damage, injury to body. Further some offences are also made punishable under that.

5. In view of same, proceedings are criminal in nature. Petition is maintainable.

6. Parties are heard on merits of the case.

7. Counsel appearing for petitioner submitted that prior to registration of the complaint under Domestic Violence Act i.e. on 12.07.2023, petitioner has preferred a petition under Section 12 of Hindu Marriage Act for declaring marriage to be null and void. Said petition was filed on 12.05.2023, respondent no.2, as a counter blast and as an afterthought has preferred an application under the Domestic Violence Act. She had also filed a criminal complaint making allegations under Section 498 -A, 377, 506, 34 of IPC and 3 & 4 of Dowry Prohibition Act. Said offences registered against petitioner Nos.3 & 4 were quashed by this Court in M.Cr.C.No.39515/2023 vide order dated 17.09.2023. It is submitted that petitioners have falsely been implicated in the case. In these circumstances, prayer is made for quashing of the case registered against petitioners under Domestic Violence Act.

8. Counsel appearing for respondents submitted that respondent no.2 was assaulted and abused by the family members and demand of dowry has also been made. Prima-facie, allegations of domestic violence has been made against petitioners and it will be too early to quash allegations of domestic violence against them.

9. Heard learned counsel for parties.

10. Domestic Violence has been defined in Section 3 , which is reproduced as under :

For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it--

(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or

(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or

(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.

On going through the complaint case, it is found that prima-facie allegations of domestic violence have been made against petitioners. Prayer is made for orders under Section 18, 19, 20, 22 & 12 of Protection of Women from Domestic Violence Act, 2005. Complaint is to be taken on its face value. Defense of the petitioners may not be considered at this stage.

11. A petition under 482 of Cr.P.C. will not essentially give a cause for quashing a case of domestic violence because FIR is quashed by Court. Incident of domestic violence and that