IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 11627 of 2021 ==========================================================

MANISHA RAJNISH DAHIYA D/O RAMESHSINGH CHIKARA Versus STATE OF GUJARAT & ANR.

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Appearance:

MR. NISARG N JAIN(8807) for the Applicant(s) No. 1 DR. KHUSHBU P VYAS(7040) for the Respondent(s) No. 2 HCLS COMMITTEE(4998) for the Respondent(s) No. 2 MR. CHINTAN DAVE ADDL. PUBLIC PROSECUTOR for the Respondent(s)

No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 22/09/2025

ORAL ORDER

1. Heard learned advocate Mr. Nisarg Jain appearing for the petitioner, learned advocate Dr. Khushbu Vyas appearing for the respondent No.2 and learned APP Mr.

Chintan Dave for the respondent-State.

2. It is the case where the petitioner under the various provisions of the Domestic Violence Act was preferred by the private respondent before the learned Judicial Magistrate First Class, Vadodara arraigning parents of the husband and the petitioner as opponents claiming that they were in a domestic relationship.

2.1 It is the case of the petitioner that she married in the year 2017 and she is living in her matrimonial home at Delhi. It is the further case of the petitioner that the marriage of the petitioner took place with her husband the brother of the petitioner took place in the year 2019 subsequent to her marriage. She would further submit that she was just was a visiting member of the matrimonial home of the petitioner.

3. In the background of the factual aspects what could be noticed from the reading the private complaint under the Domestic Violence Act, the petitioner’s address is stated that of in the state of Haryana and the plain reading of the complainant under the Domestic Violence Act does not allege any allegations against the petitioner. This is a case where the petitioner has been arraigned as a respondent in the matter under the Domestic Violence Act to pressurise other opponents.

4. At this juncture finding and observation of Apex Court in case of Geddam Jhansi And Another v. State of Telangana And Others reported in AIR 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 the aforesaid reason, preservation of family relationship has always been emphasised upon. Thus, when family relationships are sought to be brought within the ambit of criminal proceedings rupturing the family bond, courts should be circumspect and judicious, and should allow invocation of criminal process only when there are specific allegations with supporting materials which clearly constitute criminal offences.

32. We have to keep in mind that in the context of matrimonial disputes, emotions run high, and as such in the complaints filed alleging harassment or domestic violence, there may be a tendency to implicate other members of the family who do not come to the rescue of the complainant or remain mute spectators to any alleged