A peculiar case where the knife filed DV Case on in-laws alone, excluding her husband. The brother-in-law of the knife filed a complaint to police that knife has been filing false cases and police filed a case under IPC 182 after permission from SSP. Knife moved High Court for quash of this case and it was dismissed for lack of merits. Now Supreme Court has set aside this order of High Court and allowed the knife’s petition for quash.
From Para 14,
The complaint, if made, by any woman alleging offence under the Protection of Women from Domestic Violence Act, 2005 committed by any member of the family, the matter is to be looked upon seriously. The Police without proper verification and investigation cannot 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 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.
This is where the judge takes a tangential swipe at a DV case to 498A case. Quite peculiar indeed.Santosh Bakshi Vs State Of Punjab And Ors on 30 June, 2014
Citations : [2015 ALD CRL SC 1 518], [2014 SCC 13 25], [2014 SCC CRI 5 517], [2014 SCC ONLINE SC 495], [2014 AIR SC 2966], [2014 AIC 140 58], [2014 CRI LJ 4069], [2014 AIOL 394], [2014 BOMCR CRI SC 3 426], [2014 CRLJ SC 4069], [2014 JLJR SC 3 263], [2014 JT 8 574], [2014 RCR CRIMINAL SC 4 175], [2014 SCALE 8 226], [2014 AIR SC 4417], [2014 ALT CRI 3 314], [2014 SCJ 8 179], [2014 AIR SCW 4417]
Other Sources :
The High Court order that is set aside is given below.Santosh Bakshi Vs State Of Punjab And Others on 12 July, 2013