Gujarat High Court
Satishbhai Ukabhai Jadav vs State Of Gujarat on 8 July, 2025
NEUTRAL CITATION
R/CR.MA/21707/2021 ORDER DATED: 08/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 21707 of 2021
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SATISHBHAI UKABHAI JADAV & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR CHINTAN S POPAT(5004) for the Applicant(s) No. 1,2,3,4,5,6
NOTICE SERVED for the Respondent(s) No. 2,3
MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 08/07/2025
ORAL ORDER
Draft amendment is allowed. Amendment be carried out
forthwith. Learned advocate for the petitioners seeks permission
to withdraw present petition qua petitioner No.1 - husband
(Satishbhai Ukabhai Jadav). Permission granted. Accordingly,
present petition stands disposed of as withdrawn qua petitioner
no.1- husband.
1. By way of this application under Section 482 of the Code of
Criminal Procedure, 1973, the petitioners nos.2 to 6 have prayed
to quash and set aside the proceedings of Cr.M.A.No.112 of 2020
filed under the provisions of Protection of Woman from Domestic
Violence Act, 2005 and all the consequential proceedings arising
therefrom.
2. Seeking quashment of questioned proceedings under
NEUTRAL CITATION
R/CR.MA/21707/2021 ORDER DATED: 08/07/2025
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D.V.Act, learned advocate for the applicants submits that
petitioners are in law of the complainant. It is further submitted
that complainant has made general allegations against the
petitioner nos.2 to 6 in typical fashion to enrope applicants in
the offence. It is further submitted that reading questioned
criminal proceedings, learned advocate for the applicants
submits that right to file said proceedings has been misused by
complainant. It is also submitted that identical allegations are
levelled against the applicants in FIR filed under section 498(A)
of IPC and this Hon'ble Court in Criminal Misc. Application
No.1420 of 2018 has quashed the said FIR and therefore, it is
submitted to allow the petition.
3. Though notice is served to respondent nos.2 and 3, none
appears.
4. Learned APP for respondent State submitted that there is
evidence on record to indicate that the respondent no.2 was
subjected to domestic violence at the hands of the petitioners. In
view of that, it is submitted that let trial to conduct against the
petitioners to test veracity of the allegations. On this grounds, it
is submitted to dismiss the petition.
5. Heard learned advocates for the parties. It is an
undisputed fact that the respondent no.2 filed the present
proceedings against her husband and in-laws, seeking various
reliefs by making general and vague allegations against
petitioners Nos. 2 to 6. Upon perusal of the impugned judgment
passed by the learned trial Court, it appears that no specific or
NEUTRAL CITATION
R/CR.MA/21707/2021 ORDER DATED: 08/07/2025
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cogent evidence has been brought on record by the respondent
no.2 to establish that she was subjected to domestic violence at
the hands of the petitioner nos.2 to 6 viz. in-laws.
6. Learned APP could not point out any evidence on record to
showcase substance of any specific allegation or attribution to
offending Act. At this juncture finding and observation of Apex
Court in case of Geddam Jhansi And Another v. State of
Telangana And Others reported in 2025 SC 1578 is as under:-
"31. Invoking criminal process is a serious matter with
penal consequences involving coercive measures, which
can be permitted only when specific act(s) which
constitute offences punishable under the penal code or
any other penal statute are alleged or attributed to the
accused and a prima facie case is made out. It applies
with equal force when criminal laws are invoked in
domestic disputes. Criminalising domestic disputes
without specific allegations and credible materials to
support the same may have disastrous consequences
for the institution of family, which is built on the
premise of love, affection, cordiality and mutual trust.
Institution of family constitutes the core of human
society. Domesticrelationships, such as those between
family members, are guided by deeply ingrained social
values and cultural expectations. These relationships
are often viewed as sacred, demanding a higher level of
respect, commitment, and emotional investment
compared to other social or professional associations.
For the aforesaid reason, preservation of family
relationship has always been emphasised upon. Thus,
when family relationships are sought to be brought
within the ambit of criminal proceedings rupturing the
family bond, courts should be circumspect and
judicious, and should allow invocation of criminal
process only when there are specific allegations with
supporting materials which clearly constitute criminal
offences.
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R/CR.MA/21707/2021 ORDER DATED: 08/07/2025
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32. We have to keep in mind that in the context of
matrimonial disputes, emotions run high, and as such
in the complaints filed alleging harassment or domestic
violence, there may be a tendency to implicate other
members of the family who do not come to the rescue of
the complainant or remain mute spectators to any
alleged incident of harassment, which in our view
cannot by itself constitute a criminal act without there
being specific acts attributed to them. Further, when
tempers run high and relationships turn bitter, there is
also a propensity to exaggerate the allegations, which
does not necessarily mean that such domestic disputes
should be given the colour of criminality.
33. It goes without saying that genuine cases of cruelty
and violence in domestic sphere, which do happen,
ought to be handled with utmost sensitivity. Domestic
violence typically happens within the four walls of the
house and not in the public gaze. Therefore, such
violence is not noticed by public at large, except
perhaps by the immediate neighbours. Thus, providing
visible evidence by the victim of domestic violence may
not be easily forthcoming and producing direct evidence
may be hard and arduous, which does not necessarily
mean that domestic violence does not occur. In fact, to
deal with this pernicious phenomenon, stringent
statutes like Protection from Domestic Violence Act,
2005, have been enacted with very expansive meaning
and scope of what amounts to domestic violence. Since,
violence perpetrated within the domestic sphere by
close relatives is now criminalised entailing serious
consequences on the perpetrators, the courts have to be
careful while dealing with such cases by examining
whether there are specific allegations with instances
against the perpetrators and not generalised
allegations. The purpose and mandate of the law to
protect the victims of domestic violence is of paramount
importance, and as such, a balance has to be struck by
ensuring that while perpetrators are brought to book,
all the family members or relatives are not
indiscriminately brought within the criminal net in a
sweeping manner.
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34. For a matrimonial relationship which is founded on
the basis of cordiality and trust to turn sour to an
extent to make a partner to hurl allegations of domestic
violence and harassment against the other partner,
would normally not happen at the spur of the moment
and such acrimonious relationship would develop only
in course of time. Accordingly, such a situation would
be the culmination of a series of acts which turns,
otherwise an amicable relationship, into a fractured
one. Thus, in such cases involving allegations of
domestic violence or harassment, there would normally
be a series of offending acts, which would be required to
be spelt out by the complainant against the
perpetrators in specific terms to rope such perpetrators
in the criminal proceedings sought to be initiated
against them. Thus, mere general allegation of
harassment without pointing out the specifics against
such perpetrators would not suffice, as is the case in
respect of the present appellants.
35. We are, thus, of the view that in criminal cases
relating to domestic violence, the complaints and
charges should be specific, as far as possible, as
against each and every member of the family who are
accused of such offences and sought to be prosecuted,
as otherwise, it may amount to misuse of the stringent
criminal process by indiscriminately dragging all the
members of the family. There may be situations where
some of the family members or relatives may turn a
blind eye to the violence or harassment perpetrated to
the victim, and may not extend any helping hand to the
victim, which does not necessarily mean that they are
also perpetrators of domestic violence, unless the
circumstances clearly indicate their involvement and
instigation. Hence, implicating all such relatives
without making specific allegations and attributing
offending acts to them and proceeding against them
without prima facie evidence that they were complicit
and had actively collaborated with the perpetrators of
domestic violence, would amount to abuse of the
process of law."
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R/CR.MA/21707/2021 ORDER DATED: 08/07/2025
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7. The finding of Apex Court deprecating to invoke other
members of husband's family without establishing active
involvement or collaboration in perpetuating of domestic
violence. As stated earlier apart from generalized and vague
allegations and without having any evidence, nothing more is
brought on record.
8. It is also to be noted that in another FIR filed by
respondent no.2 against petitioners under section 498(A) of IPC
having identical allegations is quashed by Co-ordinate Bench of
this Court in Criminal Misc. Application No.1420 of 2018.
9. In view of the foregoing discussion, the application is partly
allowed. The proceedings of Cr.M.A.No.112 of 2020 pending in
the Court of learned JMFC, Kodinar as well as all consequential
proceedings initiated in pursuance thereof are hereby quashed
and set aside qua the applicant nos.2 to 6. Rule is made
absolute. Direct service is permitted.
(J. C. DOSHI,J)
SATISH
