Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Protection of Women from Domestic Violence Act 2005: C Complaint under the Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Protection of Women from Domestic Violence Act, 2005: Complaint under the Act - Duty of investigating agency and the court - Held: When a complaint is made by any woman alleging offence under the Act, committed by any member of the family, the matter is to be looked upon seriously - The Police without proper verification and investigation cannot o submit a report that no case is made out - The Investigating Agency is required to make proper enquiry not only from the members of the family but also from neighbours, friends and others - After such enquiry, the Investigating Agency may form a definite opinion and file a report but it is for the Court to decide finally whether to take cognizance for any offence under any of the provisions of the Act - Crime against women. Penal Code, 1860: s. 182 - Essential ingredients - Discussed. Code of Criminal Procedure, 1973: s.482 - Quashing of proceedings - Domestic violence case filed by appellant in which compromise entered with in-laws that they would not harass her and would allow her to stay in matrimonial home - Respondent no. 3-brother-in-/aw of appellant filed complaint invoking s. 182 IPC on the ground that the complaint filed by appellant under domestic violence was false - Approval of authorities granted to take action against the appellant - Petition u/s. 482 Cr.P. C. for quashing s. 182 proceedings - High Court refusing to quash s. 182 proceedings - Held: The investigating agency failed to show that the appellant had given information which she was knowing and believing to be false - Respondent Nos. 1 and 2 failed to make out a case u/s. 182 IPC - It was a fit case to quash the proceedings u/s.182 IPC -High Court failed to notice the relevant facts and mechanically dismissed the application u/s. 482 - The complaint filed by respondent no.3 u/s.182 IPC, the order of approval granted by the SSP and proceeding if initiated against the appellant quashed - Penal Code, 1860 - s. 182. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2014 INSC 437 |
Petitioner | Santosh Bakshi |
Respondent | State Of Punjab & Ors. |
SCR | [2014] 6 S.C.R. 138 |
Judgement Date | 2014-06-30 |
Case Number | 1251 |
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