NANDKISHOR PRALHAD VYAWAHARE Vs. SAU. MANGALA PRATAP BANSAR

JUDGEMENT

(1.) Hearing of this application filed by the deceased- applicant seeking quashing and setting aside of the proceeding initiated by the respondent-wife under Sec. 12(1) of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "the D.V. Act" for short) to obtain a monetary relief under Sec. 20 of the D.V. Act before the Court of Judicial Magistrate First Class, Malegaon, District Washim has been held by us to answer the questions as framed in the reference made over to us.

(2.) At the initial stage of the hearing of the application, which was before the learned Single Judge (Coram : A.R. Joshi, J.) of this Court, it was brought to the notice of the learned Single Judge that there were conflicting decisions of different benches of this Court on the question of applicability of the provision of Sec. 482 of the Code of Criminal Procedure (for short "Cr.P.C.") to a proceeding initiated under Sec. 12 of the D.V. Act seeking various reliefs as provided under Ss. 18 to 22 of the D.V. Act. The conflicting views taken by two different benches of this Court, that were brought to the notice of the learned Judge arose from the cases of Mangesh Sawant vs. Minal Vijay Bhosale - (2012 ALL MR (Cri.) 1113 (Coram : A.S. Oka, J.) and Narayan Thool and others vs. Mala Chandan Wani in Criminal Writ Petition No.773/2014 (Coram: S.B. Shukre, J.). The view in the case of Mangesh Sawant was that the proceeding under Sec. 12 of the D.V. Act being not criminal but civil, power under Sec. 482 of Cr.P.C. could not be invoked for quashing of the proceeding and whereas the view taken in the case of Narayan Thool was quite opposite holding that such power of quashing of proceeding under Sec. 482 of Cr.P.C. was available. In view of the conflict of views, the learned Judge made a reference to the Hon'ble the Chief Justice for constituting a larger bench for resolution of the conflict of views. While making the reference, the learned Judge framed two questions, which are as follows :

(3.) Accordingly, the Hon'ble the Chief Justice was pleased to direct to constitute the Division Bench presided over by one of us (B.P. Dharmadhikari, J.) to hear and decide the reference made by the learned Single Judge in this criminal application.