Domestic Violence matters to be looked upon seriously

Supreme Court: Considering the catastrophic increase in the crime against women, especially in domestic violence matters under the Protection of Women from Domestic Violence Act, 2005 (DV Act), the bench of S.J. Mukhopadhaya and Kurian Joseph, JJ held that such matters need to be looked upon seriously and that the Police without proper verification and investigation cannot submit a report that no case is made out. The Court, further, said that before forming a definite opinion and filing the report, the Investigating Agency is required to make proper enquiry not only from the members of the family but also from neighbours, friends and others, however, it is for the Court to decide finally whether to take cognizance for any offence under any of the provisions of the DV Act or not.

The appellant, appearing through Counsel Debasis Misra, had alleged that the respondents had, with the intent to extort dowry from her, had maltreated her and ousted her from her matrimonial home. However, upon filing of a complaint under the DV Act, she was taken back in her matrimonial home by her in-laws with the assurance that she will not be maltreated and will be kept in a nice manner. On the other hand, the respondents, through their Counsel Naresh Bakshi, refuting the allegations of dowry demand, contended that the complaint filed by the appellant under the DV Act was false and an action under Section 182 IPC be taken against her. The Court, rejecting the contention of the respondents, held that the investigating agency failed to show that the appellant had given information which she believed to be false and hence, a case under Section 182 IPC is not made. Santosh Bakshi v. State of Punjab, Criminal Appeal No.1251 of 2014, decided on 30.06.2014

To read the full judgment, refer to SCCOnLine

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