IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DOMESTIC VIOLANCE ) NO.

11090 of 2021 ==========================================================

BHARATBHAI LABHSHANKAR GANDHI & ORS.

Versus STATE OF GUJARAT & ORS.

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Appearance:

MS SHWETA LODHA for MR VIRAT G POPAT(3710) for the Applicant(s) No.

1,2,3,4,5,6 MS AMRUTA A BHARADWAJ(13399) for the Respondent(s) No. 2,3 MR SOHAM JOSHI, ADDL. PUBLIC PROSECUTOR for the Respondent(s)

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

CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 03/10/2025

ORAL ORDER

1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the petitioners have prayed to quash and set aside the proceedings of Criminal Misc. Application No.783 of 2019 filed under the provisions of Protection of Woman from Domestic Violence Act, 2005 pending in the Court of learned CJM, Rajkot and all the consequential proceedings arising therefrom.

2. During the course of hearing, learned advocate for the private respondents states that respondent No.2 has expired and for that, she has placed death certificate, which is taken on record. At the time of filing the petition, the respondent No.3 was 33 years old and has filed the petition under the DV Act against his father and uncle, which is not permissible.

3. Learned advocate for private respondents 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. Domestic relationships, 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 incident of harassment, which in our view cannot by itself constitute a criminal act without there being specific acts attributed to them. Further, when tempers run high and relationships turn bitter, there is also a propensity to exaggerate the allegations, which does not necessarily mean that such domestic disputes should be given the colour of criminality.

33. It goes without saying that genuine cases of cruelty and violence in domestic sphere, which do happen, ought to be handled with utmost sensitivity. Domestic