MOHAN SINGH Vs. LAXMI DEVI

JUDGEMENT

(1.) By means of present application under Section 482 Cr.P.C., the applicant seeks to quash the proceedings of case no. 90 of 2013, Smt. Laxmi Devi vs Mohan Singh, pending in the court of learned Chief Judicial Magistrate, Nainital, as also the order dated 02.09.2013, passed by learned Judicial Magistrate, Nainital in the selfsame case.

(2.) A perusal of the order impugned (Annexure 5 to the petition) will indicate that when a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for brevity here-in-after referred to as 'the Act') was filed by the respondent against the applicant, applicant was issued notice. Aggrieved only against the order dated 02.09.2013, directing issuance of notice, present application under Section 482 Cr.P.C. has been filed on behalf of the applicant-husband.

(3.) Learned counsel for the respondent objected that applicant has not taken recourse to remedial measure under Section 29 of the Act. To this, learned counsel for the applicant replied that since no adverse order was passed and the order impugned is only in the form of interlocutory order, therefore, the applicant could not have approached the appellate forum under Section 29 of the Act.