Sunil Hali, J.
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 Vs 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.
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 malafide intention and for the purposes of harassment. The court below after recording the statement of the complainant and her witnesses under Section 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.
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 Violcence 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.
In order to constitute the aforesaid offence necessary ingredients must be disclosed in the complaint. Contents of the complaint reveals that the accused caused injuries which are both physical and mental. Case of the complainant is that both the injuries in terms of physical and mental were caused by the applicants on her asking that she should be married is the case set out in the complaint. Explanation appended to section clearly says that for the purpose of determining whether any act omission, commission or conduct of the respondents constitutes "domestic violence" under this section, the overall facts and circumstances of the case shall be taken into consideration. Even though the complainant states that she was beaten by the applicants after she asked to get her marriage, looking to the over all facts and circumstances it is highly improbable that on her request for marriage she was met with physical assault by the applicants. It is important to note that it is one incident on the basis of which present complaint has been filed.
In order to constitute domestic violence repeated physical pain to a person is essential factor. One incident of causing physical harm cannot constitute the offence under Section 3 of the Act. Case of the applicants is squarely covered under the category of physical abuse. Unless and until there are repeated threats to cause physical pain to any person, one single incident would not itself constitute physical violence.
Second aspect of the matter is that the very nature of the allegations levelled are highly improbable and so absurd that no prudent man will accept the same. Reason for causing physical harm to the respondents was her request for her marriage which was rejected by the applicants. Ordinary prudence does not demand that such a request would be met with physical violence. There is something which the complainant has tried to conceal from the Court. There is something more than that meets the eye. Present complaint seems to have been filed only to achieve ulterior motive which is not reflected in the complaint. Even though applicants in the present application have stated that the complainant has illicit relationship with her brother in law which was being resisted by the applicants. Petition further reveals that her brother in law after divorcing his wife who is sister of the complainant wanted to remarry with the complainant. The complainant has not disclosed this fact in her complaint. As such no notice can be taken of this fact by the Court. Court is confined itself only to the material which is filed with the complaint. Complaint by in itself does not in my opinion disclose any offence under Section 12 of the Act.
Inherent powers u/s 482 of Cr.P.C. include powers to quash FIR, investigation or any criminal proceedings pending before the High Court or any Courts subordinate to it and are of wide magnitude and ramification. Such powers can be exercised to secure ends of justice, to prevent abuse of the process of any court and to make such orders as may be necessary to give effect to any order under this Code, depending upon the facts of a given case. Court can also take note of any miscarriage of justice and prevent the same by exercising its powers u/s 482 of Cr.P.C. In the landmark case State of Haryana v. Bhajan Lal (1992 Supp.(1) SCC 335) a two-judge bench of the Hon'ble Apex Court considered in detail the provisions of section 482 and the power of the high court to quash criminal proceedings or FIR. The Supreme Court summarized the legal position by laying the following guidelines to be followed by high courts in exercise of their inherent powers to quash a criminal complaint:
(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.
(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.
(3) Where the allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.
(4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non- cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.
(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.
(6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.
(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.
Applying the aforesaid principles as laid down herein supra, it clearly emerges that the allegations made are highly absurd and inherently improbable as discussed herein supra, even if they are taken at their face value and accepted in their entirety, do not prima facie constitute an offence or make out a case against the accused applicants.
In view of above, the application is allowed. The impugned proceedings of Criminal Complaint Case No. 179 of 2011 (Km Sainki Alam Vs 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 are hereby quashed.