Neutral Citation No. - 2021:AHC:65876 A.F.R.

Court No. - 84 Case :- APPLICATION U/S 482 No. - 6947 of 2021 Applicant :- Nivesh Gupta @ Ankur Gupta And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shri Krishna Mishra,Shri Krishna Mishra Counsel for Opposite Party :- G.A.

Hon'ble Dr. Yogendra Kumar Srivastava,J.

1. Heard Sri Shri Krishna Mishra, learned counsel for the applicants through video link and Ms. Sushma Soni, learned Additional Government Advocate for the State-opposite party.

2. The present application seeks to challenge the order dated 7.11.2020, by means of which, the complaint registered as Complaint Case No. 1777 of 2020 (Shambhavi Kesharwani vs. Nivesh Gupta) filed by the opposite party no. 2, has been directed to be registered fixing a date and the subsequent orders, in terms of which, further dates have been fixed in the case. The applicants have also sought quashing of the proceedings of the complaint case.

3. The only ground, which is sought to be canvassed to challenge the order registering the case and also seeking quashing of the proceedings, is that the applicants are not living with the opposite party no. 2 in a 'shared household' and, therefore, the proceedings under 'The Protection of Women from Domestic Violence Act, 2005', would not be maintainable.

4. Learned A.G.A., appearing for the State-opposite party, submits that the contention, which is sought to be raised by the applicants with regard to the parties not living together in a shared household, would require adjudication by the competent court and the applicants can raise their defence in the proceedings before the court below. Learned A.G.A. further submits that in the facts of the present case, the complaint filed by the opposite party no. 2 has merely been registered, and the present application seeking quashing of the proceedings, is clearly premature and is not liable to be entertained at this stage.

5. The proceedings, which are sought to be challenged in the present case relate to 'The Protection of Women from Domestic Violence Act, 2005¹, which was enacted to provide for a more effective protection of the rights of women guaranteed under the Constitution, who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto.

6. The Statement of Objects and Reasons of the enactment contains reference to the Vienna Accord of 1994 and the Beijing Declaration and the Platform for Action (1995), wherein domestic violence was acknowledged as a human right issue and serious deterrent to development. The United Nations Committee on Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) also recommended that State parties should act to protect women against violence of any kind especially that occurring within the family.

7. The provisions under the DV Act seek to cover those women, who are or have been in a relationship with the abuser, where both parties have lived together in a 'shared household' or related by consanguinity or marriage or through a relationship in the nature of marriage or adoption.

1. DV Act Relationship with family members living together as a joint family are also included. In addition, women who are sisters, widows, mothers, single women, or living with the abuser are entitled to legal protection.

8. The expression 'domestic violence' under the Act has been defined in a manner so as to include actual abuse or threat or abuse that is physical, sexual, verbal, emotional or economic. Harassment by way of unlawful dowry demands have also been covered under the definition. In order to effectively ensure the protection of women, the DV Act empowers the Magistrate conerned to pass protection orders, residence orders, custody orders, compensation orders and also issue directions for mandatory reliefs. The Magistrate is further empowered to grant an ex-parte order and also to pass such ad-interim order as he may deem just and pro