SANTOSH BAKSHI versus STATE OF PUNJAB & ORS.

Citation: [2014] 6 S.C.R. 138 · Decided: 30-06-2014 · Supreme Court of India · Bench: S. J. MUKHOPADHAYA · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
B 
[2014] 6 S.C.R. 138 
SANTOSH BAKSHI 
v. 
STATE OF PUNJAB & ORS. 
(Criminal Appeal No. 1251 of 2014) 
JUNE 30, 2014 
[SUDHANSU JYOTI MUKHOPADHAYA AND 
KURIAN JOSEPH, JJ.] · 
Protection of Women from Domestic Violence Act, 2005: 
C Complaint under the Act - Duty of investigating agency and 
the court - Held: When a complaint is made by any woman 
alleging offence under the Act, committed by any member of 
the family, the matter is to be looked upon seriously - The 
Police without proper verification and investigation cannot 
o submit a report that no case is made out - The Investigating 
Agency is required to make proper enquiry not only from the 
members of the family but also from neighbours, friends and 
others - After such enquiry, the Investigating Agency may 
form a definite opinion and file a report but it is for the Court 
E to decide fir.Jally whether to take cognizance for any offence 
under any of the provisions of the Act - Crime against women. 
Penal Code, 1860: s. 182 - Essential ingredients -
Discussed. 
F 
Code of Criminal Procedure, 1973: s.482 - Quashing of 
proceedings -,Domestic violence case filed by appellant in 
which compromise entered with in-laws that they would not 
harass her and would allow her to stay in matrimonial home 
- Respondent no. 3-brother-in-/aw of appellant filed complaint 
G invoking s. 182 !PC on the ground that the complaint filed by 
appellant under domestic violence was false - Approval of 
authorities granted to take action against the appellant -
Petition u/s. 482 Cr.P. C. for quashing s. 182 proceedings -
High Court refusing to quash s. 182 proceedings - Held: The 
H 
138 
SANTOSH BAKSHI v. STATE OF PUNJAB 
139 
investigating agency failed to show that the appellant had 
A 
given information which she was knowing and believing to be 
false - Respondent Nos. 1 and 2 failed to make out a case 
u/s. 182 /PC - It was a fit case to quash the proceedings u/ 
s.182 /PC -High Court failed to notice the relevant facts and 
mechanically dismissed the application uls. 482 -
The 
B 
complaint filed by respondent no.3 u/s.182 /PC, the order of 
approval granted by the SSP and proceeding if initiated 
against the appellant quashed - Penal Code, 1860 - s. 182. 
The appellant was wife of the brother of respondent 
no. 3. She had filed Domestic Violence case against her 
C 
in laws and in said case her in-laws arrived at 
compromise with the appellant that they would not 
harass her and would allow her to live in her matrimonial 
house. After about two weeks, respondent no. 3 filed an 
affidavit before the Police Authorities that the allegations 
D 
by appellant in Domestic Violence case were false and 
action should be taken against her under Section 182, 
IPC. In the affidavit, respondent no. 3 alleged that the 
appellant has lodged false complaint against his parents, 
sister, brother and brother-in-law and initially the name 
·of respondent no. 3 was not there but when he helped 
E 
F 
his old parents, brother, sister and brother-in-law in 
shifting from Ludhiana to Jalandhar then appellant 
mentioned his name also. Respondent no. 3 further 
alleged that the appellant and her husband were 
harassing him by lodging false complaint at Ludhaina as 
well as at Jalandhar and requested the authorities to take 
legal action against them under Section 182 IPC. On the 
basis of affidavit, Police submitted calendra and 
presented in the court and the approval for taking action 
G 
against the appellant under Section 182, IPC was 
obtained from SSP. Aggrieved, the appellant filed petition 
under Section 482, Cr.P.C. The High Court dismissed the 
H 
140 
SUPREME COURT REPORTS 
[2014) 6 S.C.R. 
A petition. The instant appeal was filed challenging the 
order of the High Court. 
Allowing the appeal, the Court 
HELD: 1. When a complaint is made by any woman 
· B alleging offence under the Protection of Women from 
Domestic Violence Act, 2005 committed by any member 
of the family, the matter is to be looked upon seriously. 
The Police without proper verification and investigation 
cannot submit a report that no case is made out. The 
· C Investigating Agency is required to make proper enquiry 
not only from the members of the family but also from 
neighbours, friends and others. After s1,1ch enquiry, the 
Investigating Agency may form a definite opinion and file 
report but it is for the Court to decide finally whether to 
D take cognizance for any offence under any of the 
provisions of the A
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