Complaint not maintainable under Domestic Violence Act if it lacks mentioning of specific instances of domestic violence

High Court of Rajasthan: While deciding the validity and legality of the criminal miscellaneous petition filed under Section 482 CrPc, by the petitioners, the Bench comprising of P.K.Lohra, J., while exercising its power under Section 482 Cr PC, held that the criminal complaint filed against the petitioner, under Sections 498-A, 323, 406 & 504  IPC and Section 12 of the Domestic Violence Act, 2005 if allowed to be continued before the trail court, would obviously result in abuse of the process of the court since the complaint lacks mentioning of specific instances of domestic violence directed towards the complainant.

The complainant is the respondent/wife of the deceased husband, who died while the proceedings were taking place in the trial court on account of complaint lodged by the her under DV Act and IPC against the deceased husband, his parents and her sister-in-law. The learned counsel for the petitioner submitted that since the acrimony started between the deceased husband and respondent wife since then the latter is not living with the former hence there is no iota of evidence to indicate that she has been subjected to domestic violence by the petitioners therefore, the complaint has been designed to harass the petitioners, which is a glaring example of abuse of the process of the Court.

The Court allowing the instant petition held that the bare reading of the complaint makes it abundantly clear that it does not disclose any specific instance of domestic violence against the petitioners hence in the absence of concrete proof relating to the instance of domestic violence a casual reference of the name of the family members i.e. petitioners in the complaint without there being any allegation of their active involvement in the matter is sufficient to conclude that complaint is in fact designed to harass the petitioners and if the criminal complaint is allowed to be proceeded in the trial court it would obviously result in abuse of the process of the Court. [Sudama Dutt Sharma v. State Of Rajasthan, Criminal Misc. (Pet.)  No. 1524 of 2011, decided on 8th November, 2016]

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