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Ajay Kant and ors. Vs. Smt. Alka Sharma

Court : Madhya Pradesh

Reported in : 2008CriLJ264; I(2008)DMC1; 2007(4)MPHT62; 2007(4)MPLJ193

..... whereby the learned magistrate had issued notice to the petitioners on an application filed by the respondent under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act').2. ..... provided in section 31 of the act, a complaint can be filed against a person who has not complied with a protection order or interim protection order.thus, it is clear by the definition of respondent that for obtaining any relief under this act an application can be filed or a proceeding can be initiated against only adult male person and on such application or under such proceeding, aforementioned protection order can be passed. ..... -sections (3) and (4) of section 19, it is also provided that a magistrate may require from the respondent to execute a bond, with or without sureties, for preventing the commission of domestic violence and such order shall be deemed to be an order under chapter viii of the code of criminal procedure, 1973 and shall be dealt with accordingly. ..... this action of the learned magistrate cannot be a ground for quashing the proceedings because as provided by sub-section (2) of section 28 of the act, the court/learned magistrate is not prevented from laying down its own procedure for disposal of an application under section 12 of the act. ..... part of section 19 with regard to direction of execution of a bond and dealing the same as provided under chapter viii of the cr.pc, all the reliefs under sections 18 to 22 appear to be of civil nature. .....