GOJARBAI MOHAN ZOMBADE Vs. PRACHI DHANANJAY ZOMBADE

JUDGEMENT

(1.) This application is fled under Sec. 482 of the Code of Criminal Procedure for quashment of proceedings bearing PWDVA No. 129/2021 under the provisions of Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "DV Act").

(2.) At the outset, learned counsel for the respondent has raised objection regarding the maintainability of the application on the ground that the provisions of Sec. 482 of the Code of Criminal Procedure can not be invoked in the present case. It is his contention that the Hon'ble Apex Court in the case of Kamatchi vs. Laxmi Narayan, AIR 2022 SC 2932, has held that the proceeding under DV Act are civil in nature and hence application under Sec. 482 of Code of Criminal Procedure is excluded thereto. In support of his submissions, he placed reliance on other judgments, which are dealt with hereinafter.

(3.) At the outset, provisions of Sec. 482 of the Code of Criminal Procedure need to be considered. It read thus :-