In a recent case of Kamlesh Devi V. Jaipal the Supreme Court upheld the dismissal of domestic violence against persons not living with her in the shared household. In this case the woman had complained that there are certain persons who are living in the same house and are her relatives and they are harrasing and abusing her daughters. But the Punjab and Haryana High Court found out that there is no evidence as such which shows that they have been living in the same household.
An appeal filed by the petitioner against the said judgment and order has been dismissed. The revisional application filed by the petitioner under Section 401 of the Criminal Procedure Code, 1973 for quashing the appellate order of the Sessions Judge and the judgment and order of the Judicial Magistrate (First Class) has been dismissed by the order impugned in the special leave petition.
The bench comprising Hon'ble Justice Indira Banerjee and Hon'ble Justice MR Shah observed:
The High Court has rightly found that the respondents and the petitioners are neighbors and there is no evidence of them living together in the same house. The allegation is absolutely vague and it lacked any ingredients of domestic violence.
Section 498-A of the Indian Penal Code, 1860 was introduced in the year 1983, to protect woman from being subjected to any sort of cruelty by his husband or by his relatives. The punishment for the same has also been given which shall be upto 3 years of imprisonment or fine or both. The expression 'cruelty' has been defined as to include mental or physical harm to the body or health of woman or any acts of harrasment will account to cruelty.
But,in the above mentioned case. There are no such ingredients which would amount to domestic violence. So the court duly dismissed the case.