MD. MUMTAZ KHAN, J.

1. The instant revision has been preferred by the petitioners under Section 401 read with 482 of the Code of Criminal Procedure praying for quashing of the proceeding under Section 12 of the Protection of Women from Domestic Violence Act, 2005 being Misc. Case No. 92/2018 pending before the Court of learned Judicial Magistrate, 2nd Court at Tamluk.

2. It was submitted by Ms. Minoti Gomes, the learned advocate for the petitioners that the proceeding under Section 12 of the Protection of Women from Domestic Violence Act, 2005 brought out by the opposite party no.2 against the petitioners is not maintainable since there was no existence of marital relations either with her husband or the other family members of the petitioner no.1namely the present petitioners since the year 2010 when she lodged the complaint against them before the Magistrate under section 498A IPC. She also submitted that in the year 2011 opposite party No.2 brought out one application under Section 125 Cr.P.C. praying for maintenance and the maintenance was granted in her favour and the husband (Petitioner no.1) is regularly paying the maintenance which the opposite party no.2 has suppre