JUDGMENT :

AJAY MOHAN GOEL, J.

1. By way of this petition filed under Section 482 of the Code of Criminal Procedure, the petitioners herein have prayed for the quashing of order dated 31.3.2021, passed by the Court of learned Judicial Magistrate, 1st Class, Nahan, District Sirmaur, H.P. in Criminal Case No. 59 of 2020 titled as Smt. Babita and Another vs. Arsh Vardhan Singh and Others.

Brief facts necessary for the adjudication of the present petition are as under:

A complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 2005 Act) was filed by the petitioners in the Court of learned Judicial Magistrate 1st Class, Nahan, District Sirmaur, H.P. The same was accompanied by an application under Section 23 of the Protection of Women from Domestic Violence Act 2005. A preliminary objection was taken by the respondents with regard to the maintainability of the said petition, inter-alia, on the ground that the complainants had already instituted a complaint under Section 12 of the Protection of Women from Domestic Violence Act, which was pending adjudication before the Court of learned Judicial Magistrate, 1st Class, Derra Bassi, District Mohali, Punjab. Vide impugned order, the subsequent complaint so filed at Sirmaur was dismissed by the learned Judicial Magistrate, 1st Class, Class, Nahan, District Sirmaur, H.P. on the ground that two cases of similar nature cannot run together in two different Courts.

2. Feeling aggrieved, the petitioners have approached this Court by way of this petition under Section 482 of the Code of Criminal Procedure.

3. Learned Counsel for the respondents has taken a preliminary objection with regard to the maintainability of this petition on the ground that as the order assailed by way of the present petition is that of a Magistrate passed under the provisions of the Protection of Women From Domestic Violence Act, 2005, the same is appealable under Section 29 of the said Act and therefore, this petition under Section 482 of the Code of Criminal Procedure is not maintainable.

4. Learned Senior Counsel appearing for the petitioners has submitted that an appeal as is envisaged under Section 29 of the 2005 Act, can be filed by an aggrieved person in case there is an adjudication on merit by the learned Magistrate on a complaint but in such like situation, where a petition has been dismissed on the ground that there was another case pending on the same cause at Derra Bassi, the only course available with the petitioners was to have had approached this Court under Section 482 of the Code of Criminal Procedure against the impugned order. He has further argued that as the order passed by the learned Judicial Magistrate, 1st Class, Nahan District Sirmaur, H.P is inherently not sustainable in law as while passing the said order, learned Judicial Magistrate, 1st Class, Nahan, District Sirmaur, H.P. has ignored the basic provisions of Section 204 of the Code of Criminal Procedure, therefore, the petitioners have a right to invoke the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure.

5. I have heard learned Counsel for the parties and also gone through the impugned order.

6. Before proceeding further, it is pertinent to mention that in the interregnum, certain developments took place which are necessary to be brought on record. The proceedings which the petitioners had initiated under the provisions of 2005 Act at Derra Bassi, stood withdrawn by them as is evident from the order appended with these proceedings dated 10.7.2021.

7. Be that as it may, this Court will address the preliminary objection which has been taken by respondents with regard to the maintainability of the present petition. The Protection of Women from Domestic Violence Act, 2005, is a Special Act which has been enacted to provide for more effective protection of the rights of Women granted under the Constitution who are victim of violence of any kind occurring within the