The Delhi High Court has ruled that a Domestic Incident Report (DIR) cannot be treated as the sole basis for deciding whether a person should be summoned in proceedings under the Protection of Women from Domestic Violence Act, 2005. Setting aside the orders of both the trial court and the appellate court, the High Court directed that summons be issued to two family members who had earlier been removed from the case, holding that the complaint itself contained specific allegations requiring judicial consideration.
Background of the Case
The case arose from a petition filed by Vandana Aggarwal challenging orders passed by the Metropolitan Magistrate and the appellate court, which had deleted two respondents from her domestic violence complaint before issuing summons.
According to the petitioner, she married in December 2016 and later approached the Magistrate under Section 12 of the Domestic Violence Act seeking protection orders, residence rights and maintenance after matrimonial disputes led to her living separately. While summons were issued to some respondents, two others were excluded on the ground that the Domestic Incident Report did not contain specific allegations against them.
Court's Observation
Justice Saurabh Banerjee observed that the courts below committed an error by examining the Domestic Incident Report in isolation while overlooking the allegations made in the original complaint.
The bench explained that the Domestic Violence Act is a welfare legislation intended to provide effective protection to women facing domestic violence. Referring to Section 3 of the Act, the Court said judges must consider the overall facts and circumstances rather than relying on a single document.
The Court observed:
“The DIR, no doubt, is a relevant document... however, it can neither substitute nor supersede the original complaint... both, the complaint and the DIR, have to be cumulatively taken/read in conjunction with each other and not in isolation.”
After examining the complaint, the Court found that it contained detailed allegations against the respondents who had been deleted from the proceedings. It further noted that even the Domestic Incident Report referred to allegations relating to insults and ridicule connected with dowry demands, indicating material that deserved judicial examination.
The bench also clarified that proceedings under Section 12 of the Domestic Violence Act are not strictly criminal in nature. Therefore, even after summons are issued, the Magistrate remains free to assess the material placed by the parties and pass appropriate orders if no case is ultimately made out.
Decision
Allowing the petition, the Delhi High Court set aside the appellate court's judgment dated 21 October 2021 as well as the Magistrate's order to the extent it had deleted two respondents from the array of parties.
The Court directed the Metropolitan Magistrate to issue summons to those respondents after the petitioner completes the necessary procedural steps.
The petition was disposed of accordingly.
Case Details
Case Title: Vandana Aggarwal v. Pratik Goyal & Ors.
Case Number: CRL.M.C. 1132/2022
Judge: Justice Saurabh Banerjee
Decision Date: 17 July 2026
