Orissa High Court Declines to Quash Domestic Violence Case Against In-Laws, Affirms Complainant Not Required to Provide Detailed Account of Each Incident

In a recent ruling, the Orissa High Court held that complaints under the Protection of Women from Domestic Violence Act, 2005 (PWDVA) cannot be quashed merely because they lack detailed particulars of each act of violence.. The court emphasized that general allegations in the complaint can still be valid if they indicate an ongoing abusive relationship, which is central to the purpose of the Act.

Case Details:

- Petitioner: The accused party in the domestic violence complaint sought to quash the complaint filed by the aggrieved woman.

- Respondent: The complainant, a woman in a domestic relationship, filed a general complaint under the PWDVA alleging domestic abuse but did not provide specific details of every alleged act of violence.

Key Legal Considerations:

1. General Allegations:

- The High Court noted that the PWDVA was enacted to protect women from domestic abuse in all its forms, and requiring overly detailed accounts of each incident may undermine the protection offered by the law.

- The Court recognized that domestic violence often involves patterns of abuse that do not necessarily have a single, identifiable act but may encompass continuous forms of coercion, intimidation, or control over time.

2. Quashing of Complaints:

- The court stated that a complaint should not be dismissed solely due to a lack of specifics, as long as the allegations reflect a continuing abusive relationship. This interpretation prevents the dismissal of genuine cases where abuse is more subtle or occurs over an extended period.

3. Purpose of the Act:

- The judgment reaffirmed that the PWDVA is intended to provide swift and effective remedies to women facing domestic violence and that complaints should be viewed within the context of the protective scope of the Act.

Outcome:

The Orissa High Court dismissed the petition for quashing the complaint and allowed the case to proceed, underscoring the need for sensitivity when handling domestic violence complaints, especially in situations where abuse might not be readily visible in each incident but is part of an ongoing pattern.

This ruling is significant because it prevents abusers from using legal technicalities to evade accountability and ensures that women can access protection even if they are unable to provide exhaustive details of every act of violence.