Criminal Procedure Code, 1973
Section 482—Quashing of proceedings—Prayer for—Application filed against petitioners under Section 12 of the Domestic violence Act—Petitioners have rushed to the High Court without even filing their response to the petition filed by the respondents—It was open to the petitioners to file response to the petition or to file application for dropping of the proceedings before the trial Magistrate, but instead of doing so they have invoked the jurisdiction of the High Court under Section 482 of CrPC—Petitioners are ordered to approach the Magistrate for dropping of proceedings against them along with their response to the impugned petition.
[Paras 10 & 11]
Protection of Women from Domestic Violence Act, 2005
Section 12—Bar to revoke order of Magistrate—Since the proceedings under Section 12 of the Domestic Violence Act are not in strict sense criminal in nature, as such, bar to revoke the order of the Magistrate is not attracted in these proceedings.
[Para 9]
Section 27—Territorial Jurisdiction—Petitioners have challenged the application filed by the respondents against them under Section 12 of the Domestic Violence Act—Contention that the trial Magistrate did not have jurisdiction to entertain the impugned petition—Once the respondents have in their petition shown their temporary residence, the Magistrate was justified in entertaining the impugned petition—If the assertion of the respondents about their residence at the place in question is being disputed by the petitioners, this issue can be decided only after trial of the case and not in present proceedings.
[Para 8]