NAND KISHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal misc. petition under Section 482 Cr. P. C. has been filed with the prayer that the complaint No. 164/2007 filed by the respondent No. 2 against the petitioners under Sections 12, 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the `act') be quashed.

(2.) LEARNED counsel for the petitioners has contended that the respondent No. 2 left the house of the petitioners on 24. 5. 2006 finally and thereafter no act or omission was committed by any of the petitioners with respect to the respondent No. 2, therefore, the provisions of the Act are not applicable in this case because the Act has come into force on 26. 10. 2006. He has argued that the Act cannot be given retrospective effect in view of the provisions contained in Article 20 (1) of the Constitution of India, He has next contended that under Section 2 (q) of the Act the proceedings can be initiated only against adult male person and, therefore, the proceedings initiated against the petitioners Sushila and Mamta and liable to be quashed. He has placed reliance on 2008 Cr. L. J. 264.

(3.) IN view of the above discussion I find the contentions of learned counsel for the petitioners devoid of any merit. I also do not agree with the view taken by Hon'ble Single Judge of M. P. High Court in 2008 Cr. L. J. 264.