(1.) The petitioner has filed the present petition seeking quashing of the application filed by respondent No.1 (aggrieved person) under Sec. 12 of the Protection of Women from Domestic Violence Act (hereinafter referred to as the DV Act). This Court delivered a judgment in Sanjeev Kumar and others Vs. Sushma Devi, Latest HLJ 2023 (HP) (1) 777 = 2023(3) Him. L.R. 1359 holding that a petition under Sec. 482 of Cr.P.C. does not lie in the proceedings arising out of the DV Act; hence, the matter was listed for hearing the parties on the question of maintainability.
(2.) I have heard M/s Ram Gautam, Ashok Thakur and S.D. Gill learned counsel for the petitioner, and Mr Ashwani Kumar Sharma learned counsel for the respondent.
(3.) Mr Ram Gautam, learned counsel for the petitioner, submitted that the judgment delivered by this Court in Sanjeev Kumar and others (supra) is required to be referred to a larger Bench because it ignores Sec. 28 of the DV Act and other relevant judgments delivered by different Courts and only relies upon the judgment of Madras High Court in Arul Daniel Vs. Suganya (2022) SCC Online Madras High Court 35. The other High Courts have also examined this question and have taken different views regarding the applicability of Sec. 482 of Cr.P.C. to proceedings arising under the DV Act. Therefore, this question is required to be decided authoritatively once and for all. He relied upon the following judgments in support of his submissions: -
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