Case Note & Summary
The applicant, Amitabh Upadhyay, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Complaint No.524 of 2013 pending before the Judicial Magistrate (2nd Court) at Thane, under Sections 12, 18, 21, and 23 of the Protection of Women from Domestic Violence Act, 2005. The applicant was married to respondent No.2, Pushpita Mukherjee, on 11.5.1995, and they had a daughter named Tania born on 15.4.1999. Due to temperamental incompatibility, the wife voluntarily abandoned the matrimonial home in Secunderabad and left without intention to return. The applicant filed a divorce petition under Section 13(1-B) of the Hindu Marriage Act, 1955, before the Second Addl. Senior Civil Judge, Ranga Reddy Court, Andhra Pradesh, registered as O.P.No.99/2005. Upon receiving notice of the divorce petition, the wife filed a complaint at Alwal Police Station and also a complaint at Thane under Section 365 of the Indian Penal Code. Subsequently, the parties amicably settled their disputes and decided to obtain divorce by mutual consent. The applicant paid Rs.4,00,000 by demand draft as full and final settlement towards permanent alimony and maintenance, which was accepted by the wife. Despite the settlement, the wife filed the impugned complaint under the Domestic Violence Act. The court considered the submissions of the applicant's counsel, Ms. Jahan Ara Sarkhot, and the respondent's counsel, Mr. Prag Prabhakar Pokale, and the APP, Mr. A.S. Shitole. The court found that the wife had voluntarily abandoned the matrimonial home and the parties were living separately, and the complaint was filed after the settlement. The court held that the complaint was not maintainable as there was no domestic relationship at the time of filing. The court quashed the complaint and all proceedings therein.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - Inherent Powers - The High Court quashed a complaint under the Domestic Violence Act, 2005, as the parties had amicably settled their disputes and the wife had accepted a sum of Rs.4,00,000 as full and final settlement, and the complaint was filed after the wife had voluntarily abandoned the matrimonial home, thus no domestic relationship existed at the time of filing. (Paras 1-10)
B) Protection of Women from Domestic Violence Act, 2005 - Domestic Relationship - Sections 12, 18, 21, 23 - The court held that since the wife had voluntarily left the matrimonial home and the parties were living separately, the complaint under the Domestic Violence Act was not maintainable as there was no domestic relationship at the time of filing. (Paras 3-10)
Issue of Consideration
Whether the complaint under the Protection of Women from Domestic Violence Act, 2005 is liable to be quashed in view of the settlement between the parties and the absence of a domestic relationship at the time of filing the complaint.
Final Decision
The court allowed the application and quashed Complaint No.524 of 2013 pending before the Judicial Magistrate (2nd Court) at Thane, along with all proceedings therein.
Law Points
- Quashing of criminal proceedings
- Domestic Violence Act
- Settlement between parties
- Domestic relationship
- Shared household
Case Details
2014 LawText (BOM) (09) 66
Criminal Application No. 1173 of 2013
Ms. Jahan Ara Sarkhot for applicant, Mr. Prag Prabhakar Pokale for respondent No.2, Mr. A.S. Shitole, APP for respondent-State
State of Maharashtra and Pushpita Mukherjee
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Nature of Litigation
Criminal application for quashing of complaint under Domestic Violence Act
Remedy Sought
Quashing of Complaint No.524 of 2013 pending before Judicial Magistrate (2nd Court) at Thane
Filing Reason
The applicant sought quashing of the complaint on the ground that the parties had amicably settled their disputes and the wife had voluntarily abandoned the matrimonial home, thus no domestic relationship existed.
Previous Decisions
The divorce petition O.P.No.99/2005 was filed by the applicant under Section 13(1-B) of Hindu Marriage Act, 1955 before the Second Addl. Senior Civil Judge, Ranga Reddy Court, Andhra Pradesh.
Issues
Whether the complaint under the Domestic Violence Act is liable to be quashed due to settlement between parties?
Whether the complaint is maintainable when the wife had voluntarily abandoned the matrimonial home and no domestic relationship existed at the time of filing?
Submissions/Arguments
Applicant argued that the parties had amicably settled their disputes and the wife had accepted Rs.4,00,000 as full and final settlement, and the complaint was filed after the wife had voluntarily left the matrimonial home.
Respondent No.2 argued that the complaint under the Domestic Violence Act was maintainable.
Ratio Decidendi
The court held that since the wife had voluntarily abandoned the matrimonial home and the parties had amicably settled their disputes with the wife accepting a full settlement, the complaint under the Domestic Violence Act was not maintainable as there was no domestic relationship at the time of filing the complaint.
Judgment Excerpts
The applicant herein is seeking the relief of quashing of the complaint on the basis of which he is being prosecuted under the provisions of Sections 12, 18, 21 and 23 of the Protection of Women from Domestic Violence Act, 2005 in Complaint No.524 of 2013 pending before the Judicial Magistrate (2nd Court) at Thane.
The couple had amicably settled the disputes as they had decided to obtain divorce by mutual consent. The applicant had paid an amount of Rs.4,00,000/- by demand draft towards full and final settlement towards permanent alimony and the maintenance which was acknowledged and accepted by her.
Procedural History
The applicant filed a divorce petition under Section 13(1-B) of Hindu Marriage Act, 1955 before the Second Addl. Senior Civil Judge, Ranga Reddy Court, Andhra Pradesh (O.P.No.99/2005). The wife filed a complaint at Alwal Police Station and a complaint under Section 365 IPC at Thane. The parties settled amicably, and the wife accepted Rs.4,00,000 as full settlement. Despite the settlement, the wife filed Complaint No.524 of 2013 under the Domestic Violence Act. The applicant then filed Criminal Application No.1173 of 2013 under Section 482 CrPC for quashing the complaint.
Acts & Sections
- Protection of Women from Domestic Violence Act, 2005: 12, 18, 21, 23
- Code of Criminal Procedure, 1973: 482
- Hindu Marriage Act, 1955: 13(1-B)
- Indian Penal Code, 1860: 365
