Relatives against whom no relief lies are not necessary parties to domestic-violence proceedings.

The respondent filed Crl. Misc. No. 261/2017 under Sections 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005, seeking relief that included custody of her child.

Six petitioners sought to quash those proceedings under Section 482 of the Code of Criminal Procedure.

The petitioners argued that the allegations principally concerned the respondent’s husband and mother-in-law and that the other relatives were not necessary parties.

The husband was not a party to the quashing petition.

1. Whether the proceedings under the Domestic Violence Act should be quashed against petitioner Nos. 2 to 6, who were relatives of the respondent’s husband or mother-in-law.

2. Whether the proceedings should be quashed against petitioner No. 1, the respondent’s mother-in-law, in light of the specific allegations made against her.

The Court considered Sections 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005, which provide for reliefs including protection, residence, monetary and compensation orders, and Section 482 of the Code of Criminal Procedure, under which the petitioners sought quashing.

It reasoned that relatives against whom no relief was sought were not necessary parties to the proceedings; specific allegations against a respondent, however, justified continuation of the case against that person.

The Court found specific allegations against the husband and petitioner No. 1, the mother-in-law, but concluded that petitioner Nos. 2 to 6 were other relatives and that no relief under the Act could be granted against them on the case presented.

Their presence was therefore unnecessary.

Because petitioner No. 1 faced specific allegations and the husband was not before the Court in this petition, the Court declined to quash the proceedings against her.

It was allowed as to petitioner Nos. 2 to 6, and the proceedings in Crl. Misc. No. 261/2017 were quashed insofar as they concerned those petitioners.