T.V. NALAWADE, J.

1. The petition is filed for relief of quashing and setting-aside Criminal Application No. 126 of 2016 filed by the respondent under the provision of Protection of Women From Domestic Violence Act, 2005.

2. Heard both the sides.

3. The submissions made by the learned counsels of both the sides show that marriage of the petitioner took place with respondent No.1 on 19.12.2010. It is contention of the husband that the wife deserted him on 11.05.2011 and then he was required to file proceeding under Section 9 of the Hindu Marriage Act. It is contention that the said matter was decided in his favour and the proceeding filed for condonation of delay for file appeal against the said decision by wife came to be dismissed. It is contention of the husband that after decision of the Section 9 of the Hindu Marriage Act proceeding the wife gave report to Police and crime came to be registered against the husband for the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code and then the wife filed proceeding in the year 2017 under aforesaid special enactment.

4. The submissions made and the record show that after getting the decree of resti