Vandana Aggarwal Vs Pratik Goyal & Ors.

By virtue of the present petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, the petitioner inter alia seeks setting aside of the judgment dated 21.10.2021 in Crl. Appeal No.54/2021 passed by learned District & Sessions Judge, (Shahdara), Karkardooma Courts, Delhi¹ and the order dated 08.04.2021 in Ct No.1611/2020 passed by the learned Metropolitan Magistrate (Mahila) Court, (Shahdara), Karkardooma Courts, Delhi² .

¶10

Briefly put , the marriage between the petitioner and the proforma respondent no.3 herein was solemnised on 26.12.2016 according to Hindu rites and ceremonies. With the passage of time, the matrimonial relationship between the parties turned sour, and subsequently, as alleged

¶11

1 Hereinafter referred as “learned Appellate Court”

¶12

2 Hereinafter referred as “learned Magistrate”

¶13

Page 1 of 17

¶14

CRL.M.C. 1132/2022

¶15

Signature Not Verified

¶16

Digitally Signed By:ABHISHEK Signing Da te:1 7.07.2026 13:20:37

¶17

by the petitioner, she was forced to leave her matrimonial home in December, 2019 and has since been residing separately. Thereafter, the petitioner filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005³ before the learned Magistrate, seeking various reliefs including protection order, residence order and maintenance. In the impugned order dated 08.04.2021 passed therein, summons were only issued to the proforma respondent nos.4 and 5 herein/ respondent nos. 2 and 3 therein, whereas, respondent nos.1 and 2 herein/ respondent nos. 4 and 5 therein⁴ were deleted from the array of parties. Aggrieved thereby, the petitioner preferred an appeal under Section 29 of the DV Act before the learned Appellate Court which has been dismissed by the impugned judgment dated 21.10.2021. Hence, challenging the order dated 08.04.2021 and the judgment dated 21.10.2021, the petitioner is before this Court.

¶18

Learned counsel for petitioner seeking setting aside of the impugned judgment and the order submitted that the Courts below have passed the impugned judgment and order in a mechanical way without any application of mind. He submitted that the names of respondent nos.1 and 2 have been wrongly/ erroneously deleted from the array of the parties merely on the ground that the petitioner has not made any specific allegation qua them in the Domestic Incident Report⁵ . The finding of the Courts below is completely perverse inasmuch as in DIR in para no.4(ii) under the head of ‘ Verbal and Emotional Abuse’ , the allegations against the respondent nos.1 and 2 are clearly mentioned against all of the respondents.

¶19

3 Hereinafter referred as “DV Act”

¶20

4 Hereinafter referred as “respondent nos. 1 and 2”

¶21

5 Hereinafter referred as “DIR”

¶22

Page 2 of 17

¶23

CRL.M.C. 1132/2022

¶24

Signature Not Verified

¶25

Digitally Signed By:ABHISHEK Signing Da te:1 7.07.2026 13:20:37

¶26

Learned counsel then submitted that even otherwise, DIR cannot be the sole basis for issuing summons or deleting the respondents from array of parties. He submitted that DIR is cyclostyle typed format wherein complainant has to give answer to some specific question(s) and it cannot be considered as encyclopaedia and thus learned Appellate Court as well as the learned Magistrate were bound to see the materials available on record including the complaint under Section 12 of the DV Act, while issuing summons, which both the Courts below failed to do.

¶27

Learned counsel further submitted that there are specific allegations against the respondent nos.1 and 2 (which are reproduced in paragraph no.3 of the present petition) in the original complaint and deleting their names from the array of the parties, merely on the aforesaid account and without appreciating the contents of the complaint, would frustrate the very objective of the DV Act.

¶28

Per contra, learned counsel for the respondents has supported the impugned judgment and order. He submitted that the complaint itself was/ is entirely devoid of material particulars, and bereft of any specific instances, as it consists of bald, omnibus, and vague allegations against the respondents. He submitted that the learned Courts below after carefully examining the facts and circumstances of the case and the DIR placed on record, deleted the respondent nos.1 and 2 from the said complaint.

¶29

Learned counsel for the respondents then submitted that it was the petitioner who had left her matrimonial home without any reason and came back only when the proposed respondent no.3 herein filed a petition under Section 9 of the Hindu Marriage Act, 1955. He submitted that the petitioner

¶30

Page 3 of 17

¶31

CRL.M.C. 1132/2022 Signature Not Verified Digitally Signed By:ABHISHEK Signing Da te:1 7.07.2026 13:20:37

¶32

never made any complaint against any of the respondents even during this time.

¶33

Learned counsel for the respondents lastly submitted that the complainant filed the present complaint under Section 12 of DV Act as a counterblast to the petition for divorce filed by the proposed respondent no.3 so as to settle the scores with the respondents.

¶34

This Court has heard learned counsels for the parties as also gone through the documents and materials on record. 10. The DV Act is a beneficial legislation enacted with the avowed object of providing more effective protection to the rights of women guaranteed under the Constitution of India and to protect them against violence of any kind occurring within the domestic sphere. Significantly, in furtherance of its objective, Section 3 of the DV Act confers a very wide meaning to the term ‘ domestic violence ’ as under:-

¶35

“ 3. Definition of domestic violence .—For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it—

¶36

(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

¶37

(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or

¶38

(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or

¶39

Page 4 of 17

¶40

CRL.M.C. 1132/2022

¶41

Signature Not Verified

¶42

Digitally Signed By:ABHISHEK Signing Da te:1 7.07.2026 13:20:37

¶43

(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.

¶44

Explanation I.—For the purposes of this section,—

¶45

(i) “physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;

¶46

(ii) “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;

¶47

(iii) “verbal and emotional abuse” includes—

¶48

(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and

¶49

(b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested.

¶50

(iv) “economic abuse” includes—

¶51

(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;

¶52

(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds

¶53

Page 5 of 17

¶54

CRL.M.C. 1132/2022

¶55

Signature Not Verified

¶56

Digitally Signed By:ABHISHEK Signing Da te:1 7.07.2026 13:20:37

¶57

and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and

¶58

(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.

¶59

Explanation II.—For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes “domestic violence” under this section, the overall facts and circumstances of the case shall be taken into consideration.”

¶60

A perusal thereof reflects that Explanation II appended to Section 3 of the DV Act mandates the Courts to evaluate the overall factual matrix so as to come to the conclusion, whether there are allegations of domestic violence or not.

¶61

It is against the aforesaid backdrop that this Court is proceeding with the findings arrived at by the learned Magistrate in the impugned order dated 08.04.2021 whereby the respondent nos.1 and 2 have not been issued summons and in fact their names have been deleted instead. The relevant extracts thereof are reproduced as under:-

¶62

“Heard . Perused the DIR. Perusal of DIR shows that there is specific allegations qua R-1 to R-3 and complainant has never made any specific allegations qua R-4 and 5 in the DIR. After hearing the contention of Ld. Counsel for complainant and going through the DIR as well as material available on record, I am of the considered opinion that there

¶63

Page 6 of 17

¶64

CRL.M.C. 1132/2022

¶65

Signature Not Verified

¶66

Digitally Signed By:ABHISHEK Signing Da te:1 7.07.2026 13:20:37

¶67

are prima-facie sufficient ground to summon respondent No. 2 & 3 as well.”

¶68

Let summons be issued to respondent no.2 to 3 as well on filing of PF/ RC through all modes. PF be filed within seven days from today. Rest respondents be deleted from the array of parties. R-4 and 5 are deleted from the array of the parties.”

¶69

Subsequently, the Appellate Court vide the impugned judgment dated 21.10.2021 has also recorded the following reasons for upholding the order dated 08.04.2021 passed by the learned Magistrate:-

¶70

“9. In view of the facts and circumstances of the case arguments of the Ld. Counsel for the appellant and respondent Nos.1 & 2 and also the records as well as the impugned order, I am of the considered opinion that the marriage between the appellant and the proforma respondent No.3-herein was solemnized on 26.12.2016. However, the appellant started to live separately w.e.f 29.12.2019. The first complaint was filed by the complainant in the Police Station at Ghaziabad on 03.01.2020. Meaning thereby, no such allegations were made by the complainant/ appellant against the respondents for dowry, etc. as mentioned in the DIR till 02.01.2020 at any place. Thereafter, the complaint under DV Act was filed in July 2020. Moreover, no specific allegations were made by the complainant-therein/ appellant-herein against the respondent Nos. 4 & 5-therein/ respondent Nos. 1 & 2-herein in the DIR. Therefore, there is no infirmity or illegality in the impugned order dt.08.04.2021. Accordingly, this appeal is devoid of any merits and the same is dismissed. No order as to costs. Parties as well as counsel are directed to appear before the Ld. Trial Court on the date already fixed on 09.12.2021. Trial Court record along with copy of this judgment be sent back. The appeal file be consigned to Record Room.”

¶71

As is apparent therefrom, both the impugned judgment and order are premised on the basis of there being no specific allegations against the respondent nos.1 and 2 in the DIR. In other words, both the Courts below

¶72

Page 7 of 17

¶73

CRL.M.C. 1132/2022

¶74

Signature Not Verified

¶75

Digitally Signed By:ABHISHEK Signing Da te:1 7.07.2026 13:20:37

¶76

passed the impugned judgment and order by treating the DIR in singularity, completely ignoring the allegations made by the petitioner in the complaint. This, prima facie , is not the essence of the DV Act, particularly , since the Courts below have negated the submissions made in the complaint and proceeded on the basis of the DIR independently. This would frustrate the whole purpose and object of the DV Act.

¶77

The DIR, no doubt, is a relevant document, prepared to facilitate/ assist the Magistrate, however, it can neither substitute nor supersede the original complaint/ application filed under Section 12 of the DV Act, since this is in furtherance of the allegations made in the complaint. Therefore, both, the complaint and the DIR, have to be cumulatively taken/ read in conjunction with each other and not in isolation. At the end of the day, a DIR is only required to be filed in a pending complaint. It can have no independent legs to stand on.

¶78

Thus, where the case is such like the present one wherein the complaint itself discloses specific allegations constituting ‘domestic violence’ , as encapsulated under Section 3 of the DV Act, against the (proposed) respondent(s), it has significant relevance and gains of utmost importance in itself. As such, the mere absence/ omission of similar particulars in the DIR, cannot be a valid ground for refusing to issue summons to the respondent(s).

¶79

In the present case, a perusal of the complaint shows that the petitioner therein has levelled detailed and specific allegations against both the respondent nos.1 and 2 herein/ respondent nos.4 and 5 therein, which, for ease of reference, are reproduced as under:-

¶80

Allegations against respondent no.1 herein:

¶81

Page 8 of 17

¶82

CRL.M.C. 1132/2022

¶83

Signature Not Verified

¶84

Digitally Signed By:ABHISHEK Signing Da te:1 7.07.2026 13:20:37

¶85

“96. That in September, 2019 parents of complainant disposed off property. When respondent No. 1 to 4 came to know about this fact then she started pressurizing complainant to ask her share in that property so complainant and respondent No.1 can buy adjacent vacant plot near matrimonial home in Saharanpur and from that day there was constant pressure on the complainant from the side of respondent No.1 to 4.

¶86

98. That in October 2019 and it was Sunday as Respondent No.4 was also seating with other respondents and the complainant was preparing breakfast for the entire family. Respondent No. 4 asked respondents No. 2 & 3 that whether they have spoken to parents of the Complainant for money for purchasing an adjacent plot to the matrimonial home. Respondent No. 4 stated that the bank is floating a very attractive scheme for an employee for home loans at very lowinterest rate. Respondent No. 4 told the parents in law to ask the Complainant to arrange the money for the plot of land from her parents. The Complainant was shocked to hear how her parents would be burdened with such huge money.

¶87

115. That on the evening of 9.12.2019, the complainant was once again abused by all the respondents as she wore the rings given by her mother. Respondent No.1 told everyone that he was not well from the day when complainant wore the ring. Respondent No. 4 told that her finger should be chopped. Respondent No. 4 asked the complainant that she has to take out rings. The complainant told that Respondent No.1 has already taken the ring from her and Respondent no.1 on the instigation of respondent No. 2 & 4 beaten the Complainant without any reason or cause.

¶88

117. That on 23.12.2019, the complainant was upset because of protest of NRC (National Register of Citizenship) she posted few lines “Kiski ko rula kar hasse to kya hasse aur kisi ko ujad kar basee to kya basee”. On the same day Complainant was stopped by Respondent No. 3 from serving dinner to

¶89

Page 9 of 17

¶90

CRL.M.C. 1132/2022

¶91

Signature Not Verified

¶92

Digitally Signed By:ABHISHEK Signing Da te:1 7.07.2026 13:20:37

¶93

Respondents and Respondent No.1 asked Respondent No.5 to serve the dinner. Complainant requested respondents not to behave in this manner with her, then respondent No. 2 and 4 started abusing the complainant by saying that “bahut support karti hai unlogo ka, dharm badal le apna” and respondent No.2 further stated that “bahut beizaati hogai hai hamari, aaj pranav isko sach mai rula kar dikha, iske wajah se bahut beizati hoi hai market mai”. Respondent No.5 in order to instigate the other respondents further added “internet mai koi aisi post dalta hai ladies hokar ke, puree pariwar mein beizati ho gai hai aur samaj wale to thu thu karenge”. Respondent No.2 stated that “aaj iska faisala karwa daitai hai” and all the respondents abused the complainant for without any reason. Complainant was boycotted in the house and she was not allowed to cook any food nor even allowed to make a cup of tea for herself. The hostile environment towards complainant was created and when the complainant was not able to tolerate all the cruelties, tortures and abused and she also developed fear in her mind that she might be killed or there is imminent danger to her life and limbs thereafter she decided to disclose all this fact related to cruelty to her mother and she telephonically stated her situation on 24.12.2019. Mother asked and advised the complainant to reconcile her differences with other respondents and she will ask the father and brother of the Complainant to talk to the respondents in this regard.

¶94

122. That when other respondents came to know about the fact that family of the complainant are coming on 29.12.2019 then all the respondents started abusing the complainant and Respondent No.5 asked the complainant “kya dikkat hai tujhe, ek anniversary nhi banai to pura khandan bula diya”. Mother in law (Respondent No. 3) immediately called the Respondent No.1 and apprised him that “Ghaziabad wale log aa rahe hai, jhagda karne”. Respondent No.1 within 30 minutes reached the matrimonial house and started abusing the complainant “kal hi tere ghar walo ke samne tujhe kaat daalunga” and he immediately called his cousin Pankaj and told him that he did not want to stay with Complainant and “kal panchayat hogi

¶95

Page 10 of 17

¶96

CRL.M.C. 1132/2022

¶97

Signature Not Verified

¶98

Digitally Signed By:ABHISHEK Signing Da te:1 7.07.2026 13:20:37

¶99

aap saab kal aajana” and thereafter Respondent No.1 and Respondent No.4 went outside the house and after returning from their respondent No.4 abused the complainant by saying her “randi (Prostitute) teri roz roz ki kahani kal khatam ho jayegi” in front of other respondents and none of them stops respondent No.4 from saying.”

¶100

Allegations against respondent no.2:

¶101

“16. That on 28.12.2016, complainant wake up around 5.00 a.m. in the morning and start getting ready. Complainant requested the Respondent No.1 that she want hot water for bathing, as there was no geyser in the bath room available at the first floor. Respondent No.1 told the Complainant that come and sleep as nobody is awake and complainant also saw that there was pin drop silence in the house so she also took nap and around 8:30 a.m. she listen some door bagging sound and saw sister in law namely Kanika Goyal (Respondent No. 5) taunted the complainant very aggressively “ghodi baich kar so rahi hai, sharam nhi atai, aaj pehla din hai tumhara”. Complainant tried to make her understands that she wakeup at 5:00 a.m. and when she saw everyone was sleeping and as such she has no option but to sleep. Sister in law replied that “bakwas maat kar aur teri yeh lambi jeebh mummy ji kath dai gee” and Complainant requested her to give 10 minutes, so that she can get ready. Complainant immediately requested her husband to arrange hot water and respondent no.1 went downstairs to bring hot water in bucket. When mother in law saw that Respondent No.1 was taking bucket full of hot water. He asked Respondent No.1 immediately keep the bucket in bathroom and asked the Complainant to take bath in bathroom of ground floor. Complainant was so much shocked and embarrassed that she has to get take bath in ground floor and where all the gents and other guest were sitting.

¶102

17. Complainant get ready for the day and mother in law asked her to bring all the jewelries and clothes which were given by her parents at the time of marriage, as she want to

¶103

Page 11 of 17

¶104

CRL.M.C. 1132/2022

¶105

Signature Not Verified

¶106

Digitally Signed By:ABHISHEK Signing Da te:1 7.07.2026 13:20:37

¶107

put it on display. Complainant brought all the suit cases full of articles, valuable and clothes. Sister in law kept it for display. Mother in law got angry by saying that where you have kept the gold set which was given by our side at the time of engagement. Complainant told her that she brought only those articles which were given by her family and the jewelries which were given by the respondent side was taken by mother in law after the engagement. Mother in law bought the jewelries which were gifted to the complainant. All the valuable, gold, clothes were put on display and mother in law ridiculed the complainant for not bringing sufficient dowry article and sister in law commented on weight of gold sets given at the time of marriage and she further ridiculed the complainant and his family for giving lighter gold earring to her. Sister in law namely Megha returned the saree which was given by the parents of the complainant at the time of marriage however she kept the gold earnings and chain which was given to her at the time of marriage. Complainant was humiliated on her complexion by mother in law. All this activities/humiliation were done in presence of other respondents i.e. Respondent No.1,2 & 5 and relatives who were present at that times.

¶108

32. That Complainant was feeling lonely, isolated and heartbroken in her matrimonial house. Respondent No. 1 was always interested in chatting with other girls, be it younger to him or unmarried girls or even female relatives. On the other hand, Complainant’s mother-in law used to insult and criticize Complainant day and night. She never let Complainant cook anything in the kitchen as complainant has not bought sufficient dowry as she was not happy with it. Whenever Complainant said that she did not want to eat stale food, her mother-in-law used to say “Jo khilaa rahi hu kale, khud toh bana nahi sakti.” She did not even let Complainant watch anything on Television. Once Complainant called Respondent No. 1 by his name (Pranav), Complainant’s mother-in law started shouting and hurling abuses at her in

¶109

Page 12 of 17

¶110

CRL.M.C. 1132/2022 Signature Not Verified Digitally Signed By:ABHISHEK Signing Da te:1 7.07.2026 13:20:37

¶111

front of Respondent No.5. She and Respondent No.5 even started questioning Complainant’s upbringing.

¶112

46. That on 06.01.2018, unfortunately, the ‘Daadi Saas’ of complainant expired and she was residing with Uncle (Chacha) of Respondent No.1. That even during this tough time, the attitude of mother in law (Respondent No.3) and sister in law (Respondent No.5) was indifferent towards the complainant and they even did not leave any chance to humiliate or ridicule the Complainant. Sometimes mother in law used to humiliate the Complainant in front of the relative on the looks or some time sister in law used to taunt the complainant on her way of cooking food. All the Respondents and Complainant have to visit daily at Chacha House till tervi ceremony. Whenever the complainant tried to serve the water to the guests who are coming for consoling the family then she was ridiculed for serving water in the winter season or whenever the complainant tried to serve the food then she was embarrassed by elder sister in law (Respondent No.5) by saying that “ghar mai to koi kaam nhi karti maharani aur yaha par kitchen sambhalne ko khadi hai…”. Complainant vividly recalled that her father paid a visit at the time of death of daadi saas and even at that time she was ridiculed as she served the water to her father.

¶113

50. That complainant was asked by mother in law that she should call her parents to send holi customary gifts and when complainant told that her family was under the impression that since grandmother in law expired recently so they don't have to send any gift. Sister in law, Respondent No.5 commented that “mummy isko to bahana cahiye, abhi to pure 2 saal bhi nhi hue hai aur dramai start hogai hai iski..” and on the same evening Respondent No.1 asked the complainant to call her parents to bring the Holi Shagun otherwise mother in law (Respondent No. 3) mood will change and she has to face the tantrum.

¶114

Page 13 of 17

¶115

CRL.M.C. 1132/2022 Signature Not Verified Digitally Signed By:ABHISHEK Signing Da te:1 7.07.2026 13:20:37

¶116

59. That complainant was not allowed to use the Air Condition during the day time. Respondent No.3 & 5 in law used to sleep especially during day time in the bedroom of mother in law where they used AC and Complainant vividly recalled that on one occasion she switch on the AC, the sister in law complain to mother in law and mother in law after hearing this got agitated and she abused the Complainant and Sister in law put MCB down of the room of Complainant. 62. That on Karwachauth due to existing customs/traditions in the parental house of the Complainant, her family did not send any gift and valuable for this festival. Mother in law asked the complainant “why Karwachauth gift articles were not sent by her parents” she stated the reason and mother in law on the instigation of sister in law abused the complainant. In the evening the behavior of the rest of the Respondents was not good and she was abused over her complexion and appearance by mother in law and sister in law infront of females who were present for evening fastbreaking pooja of karwachauth.

¶117

63. That mother in law after one week of Karwachauth, asked the complainant to call her mother, as she wanted to talk her over the phone. The complainant called her mother and handed over the phone to Respondent No.3. Mother in law very specifically demanded that on the Occasion of Diwali she want good quality gifts as it would be the first Diwali of the complainant at her matrimonial home and she also told her that she has to bring 23 envelopes of Rs. 1100/each for their relatives. Parents of the complainant have no option left but to accept the demand of respondent No. 2 & 3 and accordingly, on 04/11/2018, twothree days before Diwali brother Ankur and cousin brother Vinay visited the house of the respondents for giving the demanded gift. This time everyone was very happy with the gift as parents of the complainant have spent about Rs. 2,15,000/- (approx). The behavior of respondents was normal however, on the day of Diwali complainant dressed up very nicely but sister in law was constantly making the sarcastic remark on the look of the

¶118

Page 14 of 17

¶119

CRL.M.C. 1132/2022

¶120

Signature Not Verified

¶121

Digitally Signed By:ABHISHEK Signing Da te:1 7.07.2026 13:20:37

¶122

complainant and she also made a mockery of the colour of her dress in front of guests she commented that “blue color dark logo pai suit nhi karta”. The complainant was humiliated infront of guests and relatives by the sister in law.

¶123

67. That on 30.12.2018, the Complainant was washing the clothes and there was electricity cut and when it was restored Complainant went back to restart the washing machine. She found that sister in law (Respondent No 5) was taking out her half washed clothes from the machine and putting it on floor. Complainant told her that she was washing the clothes and still clothes are dirty. Sister in law (Respondent No. 5) in a very aggressive toned told “apne baap se shaadi mein mangti,” the complainant was shocked. Complainant stated the whole incident to her mother in law. Mother in law told the Complainant that if you wish to wash your clothes then you can do with hand as the washing machine was bought by Respondent No.4 or buy a new machine. Complainant describes the entire incident to her mother and the complainant mother gave Rs. 25000/- for buying a new washing machine. When complainant told her mother in law that her mother has given Rs. 25000/- for washing machine. Mother in law took all the money and asked the elder sister in law to allow the complainant to wash her clothes two times in a week. The complainant felt she was cheated however she cannot raise the voice against her mother in law as she knew the consequences of it.

¶124

89. That on 10.04.2019 Complainant was serving evening tea to her mother in law. Mother in law after drinking the tea ridiculed the Complainant and told her to bring “mathi”. The Complainant mistakenly told that mathi was just finished the day before. Respondent No.5 in order to humiliate the Complainant brought mathi from her room and served the mother in law. Sister in law told that mathi was very much there and mother in law abused the Complainant by saying “bahut kamini aurat hai”, and sister in law told that “iska dil to hamesha haramkhori mai laga hota hai, mummy app to

¶125

Page 15 of 17

¶126

CRL.M.C. 1132/2022

¶127

Signature Not Verified

¶128

Digitally Signed By:ABHISHEK Signing Da te:1 7.07.2026 13:20:37

¶129

bahut sidhi ho, mai hoti to abhi iska dimag sahi karti” mother in law pushed the Complainant. Respondent No.1 saw this beahvior of her mother. He also squabble with her mother and this is first time he took the side of the Complainant.. Complainant was happy not because of squabble in the family but first time her husband supported and like other female she was also having hope that her marriage would be save. Respondent No.1 did not talk to her mother untill Complainant requested him to say sorry to her mother on the occasion of Mother’s day. Thereafter the whole blame of squabble between Respondent No.1 and mother in law was put on the complainant. Complainant was shocked because of the behaviour of Respondent No.1.”

¶130

[ Emphasis Supplied ]

¶131

In addition thereto, this Court, on perusal of the DIR, even finds that para no.4(ii) therein, under the head of ‘Verbal and Emotional Abuse’, specifically mentions about the role of all the respondents to “… …insult for not having bringing dowry etc…. …” and “ridicule” .

¶132

The aforesaid, therefore, sufficiently disclose that there were/ are sufficient allegations which undisputedly falls within the ambit/ parameters of Section 3 of the DV Act, thereby calling the learned Magistrate to issue summons to the respondent nos.1 and 2 as also the learned Appellate Court to allow the challenge made thereagainst.

¶133

Besides the above, it cannot be ignored that the proceedings initiated under Section 12 of the DV Act in sensu stricto are not criminal in nature, the learned Magistrate, even after issuance of summons and after going through the response of the respondents, if it appears that no case is ultimately made out against any of the respondent(s), then appropriate orders in accordance with law can always be passed.

¶134

Page 16 of 17

¶135

CRL.M.C. 1132/2022 Signature Not Verified Digitally Signed By:ABHISHEK Signing Da te:1 7.07.2026 13:20:37

¶136

Ergo , as a sequitur of the aforesaid discussions, the impugned judgment dated 21.10.2021 in Crl. Appeal No.54/2021 passed by learned Appellate Court is set aside. Further, the order dated 08.04.2021 in Ct No.1611/2020 passed by the learned Magistrate is also set aside to the extent ‘deleting the respondent nos.1 and 2 herein/ respondent nos.4 and 5 therein from the array of parties’.

¶137

Resultantly , upon the petitioner taking requite steps before the learned Metropolitan Magistrate (Mahila) Court, (Shahdara), Karkardooma Courts, Delhi, the learned Magistrate is directed to issue summons to the respondent nos.1 and 2 herein/ respondent nos.4 and 5 therein.

¶138