Lack of domestic relationship precludes application of domestic violence laws.

ORDER

Dated this the 18^th day of February, 2026 The respondent in M.C No. 45 of 2021 on the file of the Judicial First Class Magistrate Court, Njarakkal, filed this petition under Section 482 of the Cr.P.C., praying for quashing all further proceedings against him. The above M.C case was filed under Section 12 of the Protection of Women from Domestic Violence Act (DV Act).

2. As per Annexure A1 petition filed under Section 12 of the DV Act, the petitioner herein is the brother of the 2^nd respondent and they are residing in two different houses at two different places within the limits of two different police stations. In Annexure A1, the grievance of the 2^nd respondent is that the petitioner herein used to reach her residence with deadly weapons and intimidate her and her husband. Though complainant was given to the Njarakkal police, no action was taken.

3. According to the learned counsel for the petitioner, the petitioner and the 2^nd respondent are not residing under the same roof and as such there is no domestic relationship between them.Therefore, he prayed for quashing all further proceedings against the petitioner.

4. Though notice was served on the 2^nd respondent, she did not turn up.

5. On a perusal of the Annexure A1, it is revealed that the petitioner and the 2^nd respondent are not residing under the same roof and as such there is no shared household or domestic relationship between them. Since there is no domestic relationship or shared household between the petitioner and the 2^nd respondent, the proceedings initiated under Section 12 of the DV Act is unsustainble and it is only an abuse of the process of the Court. Therefore, this Crl.M.C. is liable to be quashed.

In the result, this Crl.M.C. is allowed. All further proceedings against the petitioner in M.C No. 45 of 2021 on the file of the Judicial First Class Magistrate Court, Njarakkal, is quashed.

Sd/-