Specific allegations are required in domestic violence cases to avoid misuse of legal processes; general allegations are insufficient.

ORAL ORDER

Draft amendment is allowed. Amendment be carried out forthwith. Learned advocate for the petitioners seeks permission to withdraw present petition qua petitioner No.1 - husband (Satishbhai Ukabhai Jadav). Permission granted. Accordingly, present petition stands disposed of as withdrawn qua petitioner no.1- husband.

1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 , the petitioners nos.2 to 6 have prayed to quash and set aside the proceedings of Cr.M.A.No.112 of 2020 filed under the provisions of Protection of Woman from Domestic Violence Act, 2005 and all the consequential proceedings arising therefrom.

2. Seeking quashment of questioned proceedings under D.V.Act, learned advocate for the applicants submits that petitioners are in law of the complainant. It is further submitted that complainant has made general allegations against the petitioner nos.2 to 6 in typical fashion to enrope applicants in the offence. It is further submitted that reading questioned criminal proceedings, learned advocate for the applicants submits that right to file said proceedings has been misused by complainant. It is also submitted that identical allegations are levelled against the applicants in FIR filed under section 498(A) of IPC and this Hon'ble Court in Criminal Misc. Application No.1420 of 2018 has quashed the said FIR and therefore, it is submitted to allow the petition.

3. Though notice is served to respondent nos.2 and 3, none appears.

4. Learned APP for respondent State submitted that there is evidence on record to indicate that the respondent no.2 was subjected to domestic violence at the hands of the petitioners. In view of that, it is submitted that let trial to conduct against the petitioners to test veracity of the allegations. On this grounds, it is submitted to dismiss the petition.

5. Heard learned advocates for the parties. It is an undisputed fact that the respondent no.2 filed the present proceedings against her husband and in-laws, seeking various reliefs by making general and vague allegations against petitioners Nos. 2 to 6. Upon perusal of the impugned judgment passed by the learned trial Court, it appears that no specific or cogent evidence has been brought on record by the respondent no.2 to establish that she was subjected to domestic violence at the hands of the petitioner nos.2 to 6 viz. in-laws.

6. Learned APP could not point out any evidence on record to showcase substance of any specific allegation or attribution to offending Act. At this juncture finding and observation of Apex Court in case of Geddam Jhansi And Another v. State of Telangana And Others reported in 2025 SC 1578 is as under:-

“31. Invoking criminal process is a serious matter with penal consequences involving coercive measures, which can be permitted only when specific act(s) which constitute offences punishable under the penal code or any other penal statute are alleged or attributed to the accused and a prima facie case is made out. It applies with equal force when criminal laws are invoked in domestic disputes. Criminalising domestic disputes without specific allegations and credible materials to support the same may have disastrous consequences for the institution of family, which is built on the premise of love, affection, cordiality and mutual trust. Institution of family constitutes the core of human society. Domesticrelationships, such as those between family members, are guided by deeply ingrained social values and cultural expectations. These relationships are often viewed as sacred, demanding a higher level of respect, commitment, and emotional investment compared to other social or professional associations. For