Second respondent in M.C.36/2009 on the file of Judicial First Class Magistrate Court-II, Thiruvananthapuram, a petition filed under section 12 of Protection of Women from Domestic Violence Act, 2005, (hereinafter referred to as the Act,) is the petitioner. Respondents 1 and 2 are the petitioners before the Magistrate. This petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings as against her contending that the allegations in Annexure A complaint do not disclose or prove any domestic violence as defined under section 3 of the Act, and first respondent has no right over the property of the petitioner and it is not a shared household. It is contended that petitioner being a female person is not a respondent as defined under section 2(q) of the Act and therefore proceedings under the Act as against the petitioner is not maintainable and is to be quashed.

2. Learned counsel appearing for the petitioner was heard.

3. The argument of the learned counsel is that respondent as defined under section 2(q) of the Act can only be a male person and not a female and therefore the proceedings initiated by the learned Magistrate on Annexure A1 co