Justice R.Banumathi has delivered this wonderful judgment in a false DV Case, holding that,
Shyamlal Devda and Ors Vs Parimala on 22 January 20209. In the present case, the respondent has made allegations of domestic violence against fourteen appellants. Appellant No.14 is the husband and appellants No.1 and 2 are the parents-in-law of the respondent. All other appellants are relatives of parents-in-law of the respondent. Appellants No.3, 5, 9, 11 and 12 are the brothers of father-in-law of the respondent. Appellants No.4, 6 and 10 are the wives of appellants No.3, 5 and 9 respectively. Appellants No.7 and 8 are the parents of appellant No.1. Appellants No.1 to 6 and 14 are residents of Chennai. Appellants No.7 to 10 are the residents of State of Rajasthan and appellants No.11 to 13 are the residents of State of Gujarat. Admittedly, the matrimonial house of the respondent and appellant No.1 has been at Chennai. Insofar as appellant No.14-husband of the respondent and appellants No.1 and 2-Parents-in-law, there are averments of alleging domestic violence alleging that they have taken away the jewellery of the respondent gifted to her by her father during marriage and the alleged acts of harassment to the respondent. There are no specific allegations as to how other relatives of appellant No.14 have caused the acts of domestic violence. It is also not known as to how other relatives who are residents of Gujarat and Rajasthan can be held responsible for award of monetary relief to the respondent. The High Court was not right in saying that there was prima facie case against the other appellants No.3 to 13. Since there are no specific allegations against appellants No.3 to 13, the criminal case of domestic violence against them cannot be continued and is liable to be quashed.
The Lower High Court judgment in the DV Case is here that got quashed in Supreme Court.
The liar filed a false 498A IPC case also on all 14 accused. Except husband and In-laws, the false case on all 11 others got quashed at Karnataka High Court here.
Citations: [2020 SCC ONLINE SC 65], [2020 SCC 3 14], [2020 SCC CRI 1 722], [2020 AIR SC 762], [2020 KLT 1 666], [2020 KLJ 1 799]
Other Source links:
https://indiankanoon.org/doc/41851528/
https://www.casemine.com/judgement/in/5e2a8c723321bc23c21105d2
https://www.indianemployees.com/judgments/details/shyamlal-devda-and-others-versus-parimala
The Index of these cases is here.
