- (1.) This petition under Section 482 Cr.P.C. has been Filed for quashing of the entire proceedings in Criminal Complaint Case No. 179 of 2011 (Km Sainki Alam v. Jiyaul Hasan and others) under Section 12 of the Protection of Women From Domestic Violence Act, 2005, P.S. Shahganj, District Agra pending before the 4th ACJM, Agra. Allegations contained in the complaint against the applicants are that being father of the complainant he was not taking any steps to get his daughter married who is respondent No. 2 in the complaint. It is further alleged that she had requested the applicants that she is of marriageable age and wants to get married. This is said to have infuriated her parents and the other applicants arrayed as accused in the complaint are said to have beaten her. It is also alleged in the complaint that she was threatened by the applicants as a result of which she left house of father and is living with her maternal grant father. Incident is said to have taken place on 11.10.2010. It is further revealed from the complaint that brother and uncle of the complainant had become furious and on the intervention of the maternal grand father they agreed to examine the issue. Since the issue involved is with regard to marriage of complainant as' such this has to be resolved.
(2.) The contention of the counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a mala fide intention and for the purposes of harassment. The Court below after recording the statement of the complainant and her witnesses under Sections 200 and 202 Cr.P.C. issued summons to the applicants. In her preliminary statement, complainant has repeated the same story that she had become of marriage age and her parents were not taken any interest in her marriage. This order is subject-matter of challenge before this Court.
(3.) In order to constitute an offence under Section 12 of the Protection of Women from Domestic Violence Act the Court must satisfy that the offence of domestic violence must have been committed. Section 3 of the Act defines Domestic Violence as under: 3. Definition of domestic violence.--For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it-(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or (c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or (d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person. Explanation I.--For the purposes of this section.--(i) "physical abuse" means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force; (ii) "sexual abuse" includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman; (iii) "verbal and emotional abuse" includes.--(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and (b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested. (a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and (b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested. (iv) "economic abuse" includes.--(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a Court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance; (b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and (c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household. Explanation II.--For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes" domestic violence" under this section, the overall facts and circumstances of the case shall be taken into consideration.;