BABITA Vs. ARSH VARDHAN SINGH

JUDGEMENT

(1.) By way of this petition filed under Sec. 482 of the Code of Criminal Procedure, the petitioners herein have prayed for the quashing of order dtd. 31/3/2021, passed by the Court of learned Judicial Magistrate, Ist Class, Nahan, District Sirmaur, H.P., in Criminal Case No. 59 of 2020 titled as Smt. Babita and another vs. Arsh Vardhan Singh and others. Brief facts necessary for the adjudication of the present petition are as under:­

(2.) Feeling aggrieved, the petitioners have approached this Court by way of this petition under Sec. 482 of the Code of Criminal Procedure.

(3.) Learned Counsel for the respondents has taken a preliminary objection with regard to the maintainability of this petition on the ground that as the order assailed by way of the present petition is that of a Magistrate passed under the provisions of the Protection of Women From Domestic Violence Act, 2005, the same is appealable under Sec. 29 of the said Act and therefore, this petition under Sec. 482 of the Code of Criminal Procedure is not maintainable.