SANTOSH BAKSHIversusSTATE OF PUNJAB & ORS.

                        [2014] 6 S.C.R. 138

A                        SANTOSH BAKSHI
                                  v.
                    STATE OF PUNJAB & ORS.
                (Criminal Appeal No. 1251 of 2014)
                           JUNE 30, 2014
B
          [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      E
·of respondent no. 3 was not there but when he helped
 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                F
 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 Act. [Para 14] [145-E-G]

       2. Section 182 IPC relates to false information, with
  intent to cause public servant to use his lawful power to
E the injury of another person. To make out a case under
  Section 182 IPC, the following ingredients are to be
  proved: (i) An information was given by a person to a
  public servant. ii) The information was given by a person.
  who knows or believes such statement to be false. (iii)
  Such information was given with an intention to cause
F or knowing it to be likely to cause (a) such public servant
  to do or not to do anything if the true state of facts
  respecting which such information is given were known
  by him, or (b) to use the lawful power of such public
  servant to the injury or annoyance of any person. In the
G instant case, the investigating agency failed to show that
  the appellant had given information which she was
  knowing and believing to be false. In the investigation
  report, it was not reported that the appellant was
  knowing that the information given was false but still gave
 H
      SANTOSH BAKSHI v. STATE OF PUNJAB                     141


the information to harass the respondent No.3.                     A
Respondent Nos. 1 and 2 having failed to make out a
case under Section 182 IPC, it was a fit case to quash the
proceedings under Section 182 IPC. The High Court failed
to notice the relevant facts and mechanically dismissed
the application under Section 482 Cr.PC. The complaint             B
filed by respondent no.3 under Section 182 IPC, the order
of approval granted by the SSP and proceeding if
initiated against the appellant are quashed. [Paras 15 to
19] [145-G; 146-D-H; 147-A-C]

    CRIMINAL APPELLATE JURISDICTION: Criminal Appeal               C
No.1251 of 2014.

    From the judgment and Order dated 12.07.2013 of the
High Court of Punjab & Haryana at Chandigarh in Criminal
Misc. No. M-1834 of 2010 (O&M)                                     D

    D. K. Bhatta, Dev Suman, Dr. Dinesh Kumar, Debasis
Misra for the Appellant.

    Jayant K. Sud, Jasleen Chahal, AAG, Ujas Kumar, Ajay
P. Tushir, Naresh Bakshi, Rajesh Tyagi, Atish Dipankar for the     E
Respondents.

    The Judgment of the Court was delivered by

    SUDHANSU JYOTI MUKHOPADHAYA,J. 1. Leave                        F
granted.

      2. This appeal is directed against the order dated 12th
July, 2013 passed by the High Court of Punjab and Haryana
at Chandigarh in Criminal Miscellaneous No.M-1834 of 2010
(O&M). By the impugned order, the High Court rejected the          G
petition filed u/s 482 of the Code of Criminal Procedure, 1973
(for short, 'Cr.PC') preferred by the appellant.

     3. The case of the appellant is that she got married to the
brother of respondent no.3-Vivek Kumar Bakshi on 4th August,       H
     142       SUPREME COURT REPORTS               [2014] 6 S.C.R.


A 2006. After marriage, she shifted to her matrimonial house at
  Ludhiana and just thereafter her in-laws started demanding
  dowry. The husband of the appellant always stood with her and
  protected lier from various atrocities committed by in-laws and
  respondent no.3. When the matter became out of control the
B appellant on 17th January, 2009 made a complaint to the
  Senior Superintendent of Police, Jalandhar (now known as
  Commissioner of Police, Jalandhar) alleging therein continuous
  harassment, beating and maltreating meted out to her in
  connection with dowry with specific allegations with date, time
c etc.
           4. According to the appellant, Police kept the matter
      pending for long at the instance of respondent no.3 and refused
    · to take any action. No FIR was registered in spite of the fact
      that the complaint disclosed cognizable offence.
D
       5. On 6th April, 2009, the appellant filed a complaint under
  the Protection of Women from Domestic Violence Act, 2005
  (hereinafter referred to as, 'the Act') against her in-laws. In the
  said case, her in-laws arrived at a compromise with the
E appellant that they will allow her to live in her matrimonial house
  at Ludhiana. They also agreed that no maltreatment will be
  meted out to her and they will keep her in a nice manner and I
  they will remain bound by their statements.

       6. Further case of the appellant is that respondent no.3
F having personal grudge with her husband due to greed of
  property submitted an affidavit on 23rd April, 2009 before the
  Police Authorities. Respondent no.3 also stated that the
  allegations in the complaint are false and to take action u/s 182
  IPC against the appellant. On 24th April, 2009, Deputy
G Superintendant of Police, Jalandhar submitted a report in which
  the assertions 11Jade by respondent no.3 were considered and
  the complaint was filed in the office. On the basis of affidavit,
  Police submitted a Calandra No.18 dated 5th October, 2009
  in the Police Station Division No.1, which was prepared and
H presented in the Court by Rajesh Kumar, SI SHO Division
         SANTOSH BAKSHI v. STATE OF PUNJAB                        143
         [SUDHANSU JYOTI MUKHOPADHAYA, J.]
    No.1, Jalandhar. The approval for taking action against the           A
,. appellant u/s 182 IPC was obtained from SSP, Jalandhar in
  c November, 2009 .


    . _\_7_ Aggrieved by.the aforesaid false and frivolous Calendra,
  the· appellantJited Criminal Miscellaneous No.M-1834 of 2010            B
  u/s 482 Cr.PC before the High- rCourt
                                   -
                                         of Punjab and Haryana
  at Chandigarh which was rejected,,l?)f. the High Court by
  impugned order and judgment dated 12th July, 2013.

      8. Learned counsel for the appellant made the following
  submissions:                                                            c
       (i) The High Court has wrongly concluded that since
       husband of the appellant was not made a party, complaint
       was filed with ulterior motive.

       (ii) The High Court alsD failed to copsider that in the            D
       complaint under the Protection of Women from Domestic
       Violence Act, 2005, the allegations are identical to the
       complaint 111ade to the Police.
     · 9. On the other hand, according-to learned counsel for the         E
  respondents, the appellant all the time filed false and frivolous
  complaints before the Police Authorities.

          10. In the affidavit (Annexure P/3) respondent no.3 alleged
   . that the appellant has lodged false complaint against his
     parents, sister, brother and brother-in-law. Name of Respondent      F
 ;,' No.3. was not there •but When he. helped his old parents, brother,
     sister and brother"iri-law in shifting from Ludhiana to Jalandhar
  .·then appellant mentioned his name. Respondent no.3 further
   ~alleged that the_ appellant and her husband are harassing him
     by lodging false complaint at Ludhaina as well as at Jalandhar       G
     and requested the authorities to take legal action against them
     u/s 182 IPC. The SHO, P.S. Div .. No.1 by note dated 1st May,.
     2009 forwarded the said affidavit. The deposition of respondent
     no.3 was recorded by Executive Magistrate, Tehsil, District
     Ludhiana. However, the deposition is not on record ..                H
           14{      SUPREME COURT REPORTS                [2014] 6 S.C.R.


       A         11. The Deputy Superintendent of Police, Jalandhar by
           letter dated 24th April, 2009 referring to the application filed
           by the appellant intimated that for the purpose of investigation
           when the appellant was summoned she has narrated the matter
           in the same way as mentioned in her application. He further
       B intimated that statement of Vivek Bakshi s/o Kewal Krishan
           Bakshi has got recorded. In his statement, Vivek Bakshi has
           stated that the application which has been moved against him
           by his sister-in-law is wrong and he has no dispute with her.
           Moreover, she is intentionally harassing him and leveling
       c · allegation of dowry against his parents and others, which is
           absolutely incorrect and wrong. It was further mentioned in the
           letter that the said case being related to a family property
           partition, the Police cannot interfere with the same and that a
           case is pending in Court and the allegations leveled by the
       D complainant (appellant herein) regarding the misappropriation
           of dowry articles etc. are not proved. The dowry articles and
           jewellery of the appellant were lying as it is in her house and
           there is no truth in the application. It was recommended to file
           the application. On the basis of such letter, after advise of
       E District Attorney (Legal), approval of the SSP, Jalandhar was
           taken and Calandra u/s 182 IPC was prepared and was
           ordered to be presented before the Court.

              12. The respondents have not disputed that the
         complainant-appellant earlier submitted complaint dated 11th
       F January, 2009 to the Senior Superintendent of Police, Jalandhar
         (now known as Commissioner of Police, Jalandhar). In the said
         complaint, allegation of continuous harassment, beating and
         maltreatment of the appellant for demand of dowry with specific
         allegations with d~te, time etc. were made. It is alleged that the
       G Police Authorities kept the complaint pending for long and failed
         to register any FIR. In the meantime, the appellant filed an
=tlJ     application under the Protection of Women from Domestic
         Violence Act, 2005. In the said case, the in-laws of appellant
         arrived at a comprise with the appellant and agreed to allow
       H the appellant to live in her matrimonial house at Ludhiana.
      SANTOSH BAKSHI v. STATE OF PUNJAB                       145
      [SUDHANSU JYOTI MUKHOPADHAYA, J.]

Further, they also gave assurance that the appellant will not be     A
meted out with any maltreatment and they will keep appellant
in nice manner.

      13. The aforesaid fact has not been disputed by. the
respondents. The reading of the statement made by the parties        B
clarifies the following facts:

      (a)   That the appellant was thrown out of her matrimonial
            house at the instance of one or other persons
            among the in-laws.
                                                                     c
      (b)   Assurance given by in-laws that they will not maltreat
            the appellant makes a presumption that one or other
            member of the family maltreated the appellant.

      (c)   Assurance given by the in-laws they will keep tl)e
                                                                     D
            appellant in nice manner in future, suggests that the
            appellant was not treated in nice manner by one or
            other member of the family.

      14. The complaint, if made, by any woman alleging offence
under the Protection of Women from Domestic Violence Act, E
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 Investigating Agency is required to make proper
enquiry nofonly from the members of the family but also from F
neighbours, friends and others. After such enquiry, the
Investigating Agency may form a definite opinion and file report
but it is for the Court to decide finally whether to take cognizance
for any offence under any of the provisions of the Act.

     15. Section 182 IPC relates to false information, with intent   G
to cause public servant to use his lawful power to the injury of
another person and reads as follows:

     "182. False information, with intent to cause public
     servant to use his lawful power to the injury of another        H
     ·r'146,            SUPREME COURT REPORTS             [2014] 6 S.C.R. :,


A·            . person ..- Whoever gives to any public servant any
               information which he knows or believes to be false,
               intending thereby to cause, or knowing it to be likely that
              .he will thereby cause, such public servant-

                (a) . to do or omit anything which such public servant
B
                      ought not to do or omit if the true state of facts
                      respecting which such intormation is given were
                      known by him, or

                (b)      to use the lawful power of such public servant to
c                        the injury or annoyance of any person,

               shall be punished with imprisonment of either description
               for a term which may extend to six months, or with fine
               which may extend to one thousand rupees, or with both."
D
           16. To make out a case u/s 182 IPC, the following '
      ingredients are to be proved:

                (i)      An information was given by a person to a public
        ...              servant.
.E
                (ii)     The information was given by a person who knows
                         or believes such statement to be·false.

                (iii)    Such information was given with an intention to
                         cause or knowing it to be likely to cause (a) such
F                        public servant to do not to do anything if the true
                         state of facts respecting which such information is
                         given were known by him, or (b) to use the lawful
                         power of such public servant to the injury or
                         annoyance of any person,
·G
           · 17.. ln the present~ the investigating agency has failed
        to show that the appellanl-has given information which she was
        knowing and believing to be false. In the investigation report it
     , .has not been reported that the appellant was knowing that the
      SANTOSH BAKSHI v. STATE OF PUNJAB                      147
      [SUDHANSU•JYOTI MUKHOPADHAYA, J.]
information given is false but still gave the information to harass A ·
the respondent No.3.        ·

     18. Respondent Nos.1 and 2 having failed to make out a
case u/s 182 IPC, 'Jo.le are of the opinion that it was a fit case
to quash the proceedings u/s 182 IPC. The High Court failed B
to notice the re.levant facts and mechanically dismissed lhe
application u/s 482 Cr.PC.

     19. For the reasons aforesaid,-we set aside the impugned
order dated 12th July, 2013 passed by the High Court of
Punjab and Haryana at Chandigarh, quash the complaint filed ·C ·
by respondentno.3 u/s 182 IPC, the order of approval granted
by the SSP in November, 2009 and proceeding if initiated ,\
against the appellant.

     20. The appeal is allowed·, No costs.                           D
Devika Gujral                                      Appeal allowed.