Proceedings under the Protection of Women from Domestic Violence Act, 2005 are primarily civil in nature, with criminal implications only for breaches of protection orders.

ORDER

Date : 10.09.2024 Heard Mr. A.Y Choudhury, learned counsel for the petitioners. Also heard Mr. G. Uddin, learned counsel for the respondent.

2. This is an application under Section 482 Cr.P.C. praying for quashing the proceeding against the petitioners in connection with M.R.(D.V.) Case No. 163/2022, pending in the court of learned JMFC, Hailakandi.

3. The brief facts of the case is that the respondent/wife filed a case under Section 12 of Protection Women from Domestic Violence Act, 2005 (herein after D.V. Act) before the learned CJM, Hailakandi vide M.R.(D.V.) Case No. 163/2022 against her husband and the present petitioners. On 26.06.2017, the marriage between the respondent and her husband took place. After their marriage, they lived together as husband and wife and out of their wedlock, one child was born. It was alleged that after the birth of their female child, the respondent's husband, who had previously an affair with another woman, fell in love with her again. At the instigation of the petitioners, the husband began to torture the respondent, demanding Rs. 2,00,000 and pressurizing her to obtain the said money from her parental home. As the parents of the respondent failed to meet the demand of the husband of the respondent and the petitioners, the husband started to torture her more as a result of which she was compelled to leave her matrimonial house. It is further alleged that though she was taken back by her husband on several times with promise to lead happy conjugal life but the petitioners and the husband of the respondent did not change their attitude.

Since then the respondent is staying along with her parents.

4. After taking cognizance by the learned trial court, notice was issued to the petitioners. The learned counsel for the petitioners submits that the petitioner No. 1 is the respondent's mother-in-law, petitioner No. 2 is her father- in-law, and petitioner No. 3 is her sister-in-law. The respondent along with her husband used to live in the first floor of the residential building which belongs to elder brother of her husband and the petitioner Nos. 1 and 2 used to stay in Assam type building which is situated to the eastern side of the respondent’s matrimonial house.

5. According to the learned counsel for the petitioners, the husband of the respondent, being the son of the petitioner Nos. 1 and 2, generally extend monetary assistance and take care of his parents while the other brother residing in other places. From the very beginning of the marriage, the respondent has been attempting to prevent her husband from visiting his parents i.e. petitioner Nos. 1 and 2, and from taking care of them. It is quite unnatural for petitioner to live apart from his parents and to arrange separate accommodation as demanded by the respondent.

6. It is further submitted that the respondent in the year 2021 went to her parent’s house on social visit with her child and suddenly after some days, she came with some police personnel on her matrimonial house with a search warrant and take away the marriage articles as per order of the court and since 03.12.2022, the respondent has been staying in her parents’ house without any valid reason. The learned counsel for the petitioners further contended that the claim of the respondent is totally false, baseless and imaginary one. The respondent is a lady of hot temper and always misbehaved with petitioner Nos. 1 and 2 and always creates pressure towards her husband to leave his parents, either to arrange a separate rented house nearby of her father’s house or to shift in his father’s house. The petitioners being the parents-in-law and sister-in- law of the respondent are no way connected with alleged offence. As such, the case of the respondent i.e. the proceeding of D.V. Case pending against the petitioners is liable to be quashed.

7. On the other hand, the learned counsel for the respondent submits that the petitioners on receipt of the notice have preferred this application u