SABIR N.S Vs. SAJANA ASSEEM

JUDGEMENT

(1.) The petitioners are the respondents in M.C.No.29 of 2020 on the files of the Court of the Judicial Magistrate of the First Class-I, Aluva instituted under Section 12(1) of the Protection of Women from Domestic Violence Act , 2005(the Act). The said proceedings was instituted by the first respondent, the wife of the first petitioner. According to the petitioners, the entire allegations in the application filed before the court below, on the basis of which the proceedings were initiated against them, are false and do not make out a case of domestic violence. The petitioners, therefore, seek orders quashing the proceedings, invoking the power of this court under Section 482 of the Code of Criminal Procedure (the Code).

(2.) Heard the second petitioner who appeared in person.

(3.) In Vijayalekshmi Amma v. Bindu , 2010 (1) KLT 79, this Court held that a party against whom a proceedings is initiated under Section 12 of the Act cannot approach this court for quashing the proceedings invoking the power of this Court under Section 482 of the Code and that the power of this Court under Section 482 can be exercised only in appropriate cases either to give effect to any order passed under the Act or to prevent abuse of the process of the court or to secure the ends of justice, when cognizance is taken by the Magistrate for an offence under sub- section (1) of Section 31 , or Section 33 of the Act. Paragraphs 17 to 19 of the said judgement read thus: