(1.) BY the instant petition under Section 482 of Cr.P.C. the applicants have challenged the proceedings of the Misc. Case No.16/2013 pending before the JMFC Rewa relating to Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "Special Act").
(2.) THE brief facts of the case are that the complainant/respondent is the wife of the applicant No.1 Bhaskar Mishra, whereas the remaining applicants are relatives of Bhaskar Mishra. A dispute arose between the parties and the applicant No.1 had moved an application for decree of divorce under Section 13 of the Hindu Marriage Act, but his application was dismissed. Some more proceedings were prosecuted by the complainant against the applicants. At present the respondent has moved an application under Section 12 of the Special Act against all the applicants before the trial Court.
(3.) THE learned counsel for the applicants has submitted that the respondent has moved a criminal case against the applicant No.1 and others for the offence punishable under Section 498 -A of IPC and they were acquitted. The applicant No.1 is paying maintenance to the respondent as per the order passed in the proceeding under Section 125 of Cr.P.C. Hence, there is no any violence done by any of the applicants thereafter. The application filed by the respondent under Section 12 of the Special Act is not maintainable. It is also submitted that according to the definition of the respondent given in Section 2(q) of the Special Act only male members can be made respondents, and therefore the proceeding pending before the Trial Court against the applicants No.2 and 3 is not maintainable. In support of his contention, the learned counsel for the applicants has placed his reliance upon the order passed by the Single Bench of this Court in the case of "Ajay Kant Sharma Vs. Smt. Alka Sharma" [2007(4) MPLJ 193].