Geeta Kapoor and Another vs State of Haryana and Another

Jitendra Chauhan, J.—The present petition is filed by petitioner-Smt. Geeta Kapoor (mother-in-law) and Ms. Renu Bhatia (sister-in-law) for quashing of Criminal Complaint No. 120 dated 27.07.2009, titled as Anju Kapoor v. Sanjeev Kapoor and others, u/s 12 of the Protection of Women from Domestic Violence Act, 2005 (herein referred to as ''the D.V. Act'') pending in the Court of Judicial Magistrate 1st Class, Jagadhari. Learned counsel for the petitioner argued that complainant Anju Kapoor-respondent No. 2 has earlier lodged an FIR No. 89 dated 22.03.2007 u/s 498A, 406 IPC at Police Station Farakpur against Sanjiv Kumar (husband), Kuldip Rai (father-in-law), Geeta Kapoor (mother-in-law) and Renu Bhatia (sister-in-law). After investigation petitioner No. 2-Smt. Renu Bhatia was found innocent and was kept in column No. 2 in report u/s 173 Cr.P.C. Thereafter an application u/s 319 Cr.P.C. was moved by the complainant for summoning petitioner No. 2 as an additional accused. That application was dismissed vide order dated 13.08.2010 by the Judicial Magistrate 1st Class, Jagadhari. Complainant Smt. Anju Kapoor (respondent No. 2 herein) challenged the order dated 13.08.2010 in criminal revision before the Sessions Judge, Yamuna Nagar which was also dismissed on 21.04.2011. The learned counsel argued that on the same set of facts, complaint under the Protection of Women from Domestic and Violence Act, 2005, does not lie. He further argued that Section 468 of the Code of Criminal Procedure prescribes only one year limitation for filing criminal complaint under the D.V. Act, 2005 from the date of the cruelty with a woman. He cites para 24 of Apex Court Judgment Inderjit Singh Grewal Vs. State of Punjab and Another, . The learned counsel pointed out that the alleged act of cruelty as per complaint is dated 19.01.2007, whereas the impugned complaint was filed on 27.07.2009 and submitted that the complaint is beyond one year and not maintainable against petitioner No. 2. Learned counsel further argued that the petitioner No. 1-Smt. Geeta Kapoor (mother-in-law) is being prosecuted on the same set of facts u/s 406, 498A IPC. It is double jeopardy. He further argued that petitioner No. 1 Smt. Geeta Kapoor is more than 70 years of age, suffer from old age ailment and has been residing separately from the respondent No. 2 and his son. The counsel argued that complaint under the D.V. Act, against both the petitioners is abuse of process of law and may be quashed.

On the other hand, the learned counsel for respondent No. 2 opposed the prayer on the ground that the petitioners have not challenged the summoning order and this petition is not maintainable.

This Court has considered the rival contentions of learned counsel for the parties.

In this case, two important points arise for determination:--

(i) Whether limitation in filing the complaint under the D.V. Act, 2005 is one year?

(ii) Whether complaint under D.V. Act, is maintainable where a case u/s 498A of the Indian Penal Code is already pending?

Point No. (i)

The case law Inderjit Singh Grewal''s case (supra) is not applicable to the case in hand. In the cited case there was a decree of divorce between the parties. The relationship came to an end between the parties in the cited case law. The correct view is that in case of decree of divorce, the limitation to file proceedings is only a year. But in this case still the relationship of husband and wife is alive. The object of the D.V. Act, is to provide effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family. So, it is held that in case of subsisting relationship of husband and wife, there is no limitation. Meaning thereby that the complaint under the D.V. Act, can be filed at any time as the physical and mental harassment within the family is a continuing offence.

Point No. (ii)

The next point to be decided is as to whether on the same set of facts, two separate proceedings one u/s 198A IPC and the other under the D.V. Act, 2005 are maintainable or not.

The Domestic Violence Act is a social welfare legislation and the proceedings has to be construed as civil in nature. As far as reliefs are concerned, only if reliefs ordered are not obeyed, provision comes into make proceedings as criminal. But the proceedings u/s 498A IPC are of criminal in nature because it is an offence under the Indian Penal Code, on which procedure under the Code of Criminal Procedure and the Indian Evidence Act is applicable. u/s 498A IPC only punishment provided under the Code is awarded to the offender. In a complaint under the D.V. Act, the rights of a woman granted under various statutes are protected and implemented. A woman need not file different cases for various reliefs such as custody of children, maintenance, right of residence etc. etc. but she can claim different reliefs by filing proceedings under the D.V. Act. So, both the cases are of different nature and have no bearing upon each other. However, a Magistrate in proceedings under the D.V. Act, can also add Section 498A IPC in order to inflict punishment upon the offender. The proceedings under the D.V. Act, are of summoning nature and immediate relief is to be granted to a victim. The main object of the D.V. Act, is to provide protection to a helpless woman so that she is not ousted from the husband''s house or she is compelled to leave her in-laws house by the Acts of her in-laws'' family members. Besides, allowing shelter in her in laws house, she is also granted financial support from the coffer of her husband, but it is not provided u/s 498A of the Code.

So, keeping in view the intention of our law framers, it is held that both proceedings are of different nature and can be filed separately. In this case the proceedings under the D.V. Act, can continue on the same set of facts of a case u/s 406, 498A IPC. Accordingly, it is not a fit case to exercise the extra ordinary powers u/s 482 of the Code. Keeping in view, the above discussion, this petition fails and is dismissed.