MAGENDRA KUMAR AND OTHER Vs. ABIRAMI

JUDGEMENT

(1.) This Criminal Original Petition is filed to call for the records and quash the proceedings in pursuance of the cognizance offence taken by the trial Court in C.M.P. No.1984 of 2010 on the file of the Judicial Magistrate Court No.VII, Coimbatore.

(2.) The petitioners herein, who are the respondents in a case filed under Domestic Violence Act by the respondent/complainant, which is pending trial in C.M.P.No.1984 of 2010 on the file of the Judicial Magistrate Court No.VII, Coimbatore has filed the above said quash petition.

(3.) The contention of the learned counsel for the petitioners is that the respondent has not filed the application under Section 12 of the Domestic Violence Act as contemplated under Section 12(3) of the Act and the Lower Court has not complied Section 12(4) and (5) of the Act. No notice has been served to the Probation Officer under Section 13(1) and (2) of the Act and Rules 12 of the Protection of Women from Domestic Violence Rules, 2006 and no mandatory provision has been complied with and the Magistrate had taken cognizance of the complaint under Domestic Violence Act and hence prayed to quash the proceedings.