Allegations of domestic violence should be adjudicated during trial and cannot be quashed using inherent powers under Section 482 of the Criminal Procedure Code.

ORDER:

The respondent Nos.1 and 2 herein who are aggrieved persons filed the petition under Section 12 of The Protection of Women From Domestic Violence Act, 2005 (for short “the Act”), to provide protection orders under Section 18 of the Act; Residence Orders under Section 19 of the Act; Monetary Relief under Section 20 of the Act and Custody Orders under Section 21 of the Act in DVC No.2 of 2018 on the file of the Additional Junior Civil Judge, Srikalahasti, against the petitioner who is respondent in D.V.C. case.

2. It is alleged in the petition filed under Section 12 of the Act that the aggrieved person led the conjugal life/matrimonial life with the petitioner/respondents smoothly for a period of 2 years, thereafter, the petitioner/respondent started demanding additional dowry and he has taken forcibly the ATM card of the aggrieved person and harassed without providing any minimum needs and used to pick up quarrels on one or other aspect and used to manhandle and threatening to the life of the aggrieved person. Despite filing of FCOP on the file of the Family Court, Nellore for restitution of conjugal life, though it was decreed, the petitioner/respondent has not complied the orders and he also harassed the aggrieved person physically and mentally. Therefore, the aggrieved person/ respondent herein has filed the aforesaid DVC case against the petitioners for the reliefs mentioned under Sections 18 to 21 of the Act.

3. The said petition was assailed in the Criminal Petition on the ground that Learned Magistrate ought not to have been taken cognizance of the petition against the petitioner herein/ respondent in DVC, as the aggrieved person has not made out any case to grant the relief as prayed in DVC No.2 of 2018 and no single specific misdeed/act of harassment stated in the petition with specific date, time, place except making vague allegations which itself proves that no such harassment is ever meted by the aggrieved person and both aggrieved person and respondent are living separately. Therefore, the petitioner/respondent implored to quash the proceedings.

4. To quash the complaint exercising inherent powers of the High Court under Section 482 of the Code as held by the Hon’ble Supreme Court in R.P. Kapur v. State of Punjab and Haryana1 and State of Haryana and Others v. Ch. Bhajan Lal and others2. As per judgments in both the cases, the Hon’ble Apex Court has laid some guidelines/parameters to exercise jurisdiction under Section 482 of Cr.P.C. to quash the proceedings. The relevant guidelines are hereby extracted for the purpose of this case:

(i) Where the complaint manifestly appears that there is a legal bar against the institution or continuance of the criminal proceeding in respect of the offence alleged. Absence of the requisite sanction may, for instance, furnish cases under this category.

(ii) Where the allegations in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety, do not constitute the

1 AIR 1960 SC 866 = 1960 SCC OnLine SC 21

2 (1992) 1 SCC 335

offence alleged; in such cases no question of appreciating evidence arises; it is a matter merely of looking at the complaint or the first information report to decide whether the offence alleged is disclosed or not.

(iii) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156 (1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

(iv) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

(v) Where the allegations in the FIR do not constitute a cognizable offence but constitute only a non- cognizable offence, no investigation is permitted by a police officer witho