DAYA JALENDRA KHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In all the above applications, filed under Sec. 482 of the Code of Criminal Procedure (for short "Cr.P.C."), with a prayer to quash and set aside the proceedings initiated by the non-applicant, claiming reliefs under the provisions of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "the D.V. Act" for short), the non-applicants have questioned the maintainability of the applications under Sec. 482 of the Cr.P.C.

(2.) Learned advocates appearing for the non-applicants in all the above matters, in order to canvas the issue of maintainability of the application under Sec. 482 of Cr.P.C., have placed heavy reliance on the decision of the Hon'ble Apex Court in the case of Kamatchi .vs. Laxmi Narayanan, reported at AIR 2022 SC 2932. In view of challenge to the maintainability of the application under Sec. 482 of Cr.P.C., relying upon the decision in Kamatchi's case (supra), I have heard learned advocates for the parties on this issue.

(3.) Elaborate narration of the facts of each case may not be necessary because this Court is considering the issue of maintainability of the applications under Sec. 482 of Cr.P.C. filed by the applicants before this Court. However, at the threshold it would be necessary to state that the non-applicant in each proceeding has initiated the proceeding under Sec. 12 of the D.V. Act seeking various reliefs provided under Ss. 18 to 23 of the D.V. Act. In all the applications, the Courts concerned have issued the notices. On service of the notices, the applicants, without adopting any further proceeding before the Courts below, approached this Court by invoking Sec. 482 of the Cr.P.C. and prayed for quashing the said proceeding.