SANTOSH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) BY means of the present application, the applicant seeks to invoke the jurisdiction of this Court conferred by Section 482 Cr.P.C. for quashing of all proceedings pertaining to Complaint Case No.1667 of 2012, (Maya Devi Vs. Santosh Kumar and others) and order dated 20/2/2015 passed by the Additional Sessions Judge, Court No.9, District Kanpur Nagar in Criminal Appeal No.147/2014, (Santosh Kumar Vs. State of U.P. and Ors). A further prayer is made for quashing and setting aside the order dated 05/6/2014, passed by ACMM -VII, District Kanpur Nagar (an interim direction for payment of maintenance as affirmed in appeal by the Additional Sessions Judge by his order dated 20/2/2015). The complaint itself has been lodged with reference to the provisions of The Protection of Women from Domestic Violence Act, 2005 (hereinafter for the sake of brevity to be called the "Act, 2005").

(2.) SHRI Tiwari, learned counsel appearing for the applicant has submitted that the proceedings were clearly not maintainable under the provisions of the Act, 2005 inasmuch as per the admitted case of parties, the applicant who was married to him on 10/2/1997 had ceased to live with him prior to the promulgation of the Act, 2005. He submits that the various allegations made in the complaint all relate to a period prior to the coming into force of the Act, 2005, and therefore, no cognizance in respect of the said allegations could have been taken by the Courts below, let alone pass an interim order thereon.

(3.) SHRI Tiwari further submits that from the records, it is apparent that the application made under the Act, 2005, was not preceded by the filing of any report of a Protection Officer as is mandatorily required under the provisions of Section 12 of the Act, 2005.