This petition is filed under Art.227 of Constitution of India to quash Ext.P2 order passed by the Judicial First Class Magistrate, Kodungallur acquitting the respondent for the failure of the petitioner/complainant to appear on 14.12.2008. Case of the petitioner is that in order to appear before the Court on that day, notice should have been served on the petitioner as provided under the Act, but no notice was served on the petitioner and therefore absence of the petitioner when the case disposed was not willful and in any case, there is no question of acquittal of an accused in an application filed under S.12 and Magistrate can pass only such orders as provided under the Act and therefore the order is to be quashed.

2. Learned counsel appearing for the petitioner and learned counsel appearing for the respondent were heard.

3. S.12 of Protection of Women from Domestic Violence Act, 2005, provides an application under sub-s.(1) could be filed before the Magistrate to get reliefs provided under Chap.IV. Under sub-s.(1), an aggrieved person or a protection officer or any other person on behalf of the aggrieved person can present an application seeking one or more reliefs pro