Wednesday, 16 October 2019

Supreme Court: Complaint for Domestic violence not maintainable if parties are not residing in shared household


The High Court has rightly found in effect that the
ingredients of domestic violence are wholly absent in this
case. The petitioner and the respondents are not persons
living together in a shared household. There is a vague
allegation that the respondents are family members. There
is not a whisper of the respondents with the petitioner.
They appear to be neighbours.
The special leave petition is dismissed.
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL)..... Diary No(s).34053/2019

KAMLESH DEVI Vs JAIPAL

Date : 04-10-2019 This petition was called on for hearing today.
CORAM :
HON'BLE MS. JUSTICE INDIRA BANERJEE
HON'BLE MR. JUSTICE M.R. SHAH


UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
This special leave petition is directed against an
order dated 16th September, 2016 passed by the High Court
of Punjab & Haryana at Chandigarh, dismissing Criminal
Revision No.609/2015, filed by the petitioner under Section
401 of the Criminal Procedure Code.
By a judgment dated 22nd October, 2012 the Judicial
Magistrate (First Class) dismissed a complaint filed by the

petitioner under the provisions of the Protection of Women
from Domestic Violence Act, 2005.
An appeal filed by the petitioner against the said
judgment and order has been dismissed. The revisional
application filed by the petitioner under Section 401 of
the Criminal Procedure Code for quashing the appellate
order of the Sessions Judge and the judgment and order of
the Judicial Magistrate (First Class) has been dismissed by
the order impugned in the special leave petition.
The High Court has rightly found in effect that the
ingredients of domestic violence are wholly absent in this
case. The petitioner and the respondents are not persons
living together in a shared household. There is a vague
allegation that the respondents are family members. There
is not a whisper of the respondents with the petitioner.
They appear to be neighbours.
The special leave petition is dismissed. Pending
applications shall stand disposed of.


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