Sunday, December 7, 2025

Protection of Women from Domestic Violence Act, 2005 — Ss. 2(f), 2(q), 2(s), 3 & 12 — Proceedings under DV Act — Quashing — Domestic relationship and shared household — Essential precondition — Distant relative (maternal uncle of husband) living separately — No allegation of ever residing with complainant — No domestic relationship within meaning of S.2(f) — Roping such relatives without foundation amounts to abuse of process — DVC proceedings against such respondent liable to be quashed. Paras 7, 11, 12, 13 & 14.

Protection of Women from Domestic Violence Act, 2005 — Ss. 2(f), 2(q), 2(s), 3 & 12 — Proceedings under DV Act — Quashing — Domestic relationship and shared household — Essential precondition — Distant relative (maternal uncle of husband) living separately — No allegation of ever residing with complainant — No domestic relationship within meaning of S.2(f) — Roping such relatives without foundation amounts to abuse of process — DVC proceedings against such respondent liable to be quashed.
Paras 7, 11, 12, 13 & 14.

Criminal Procedure Code, 1973 — S. 482 — Maintainability — Power to quash DV Act proceedings — No bar inferred — Supreme Court judgment in Shyamlal Devda v. Parimala (2020) 3 SCC 14 recognised maintainability — Therefore High Court can exercise inherent jurisdiction to quash DVC proceedings where continuance amounts to abuse of process.
Paras 8 & 9.

Indian Penal Code, 1860 — S. 498-A — Judicial warning on misuse — Court reiterates concern expressed in Kahkashan Kausar v. State of Bihar (2022) 6 SCC 599 regarding indiscriminate arraignment of husband’s relatives — Same caution principle applies to DV Act filings — Courts must guard against prosecutions based on omnibus allegations against distant relatives.
Paras 10 & 11.

Domestic Violence Act — Abuse of process — Filing at place of wife’s residence and arraying non-resident distant relatives without evidence of shared household or domestic relationship — Held, proceedings constitute clear abuse — High Court justified in quashing DV complaint against petitioner.
Paras 11–14.

Held: Petitioner (respondent-3 in DVC), maternal uncle of husband, never lived with complainant nor shared household — No domestic relationship — No averment of participation in alleged domestic violence — Proceedings under S.12 DV Act quashed as against him — Trial directed to continue against other respondents.
Paras 12–14.

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