ORDER :

Sanjay Kumar Gupta, J.

1. Through the instant petition filed under Section 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C.) petitioners seek quashing of proceedings cognizance whereof has been taken as an offence by order dated 21.10.2014 and also quashing of the order dated 08.06.2015 whereby interim orders of Rs. 20,000/- per month and sharing of the accommodation at Flat bearing No: 6258 (5th Floor) F-Block, FDDI Apptts. Sector-50, Noida, has been passed against petitioner No. 1.

2. The case of the petitioners is that respondent No. 4, who is the wife of petitioner No. 1, filed an application under the provisions of J&K Protection of Women from Domestic Violence Act, 2010. It is stated that the marriage between the petitioner and respondent No. 4 was solemnized on 21.04.2003 at Udhampur. The case set up by the respondent No. 4 is that after marriage they stayed at Shakti Nagar, Jammu for a few months and thereafter lived either in Delhi, Mumbai, or Bangalore. The relation between the petitioner and respondent No: 4 is admittedly stated to have remained cordial for a few years and thereafter the petitioner No. 1, his mother, father are allegedly started demanding dowry. The sister of the petitioner No. 1 is stated to have instigated the petitioner No. 1 and his parents against the respondent No. 4. It is stated that perusal of the complaint of the respondent No. 4 shows that the acts of the domestic violence have taken place outside the State of J&K i.e., Delhi, Mumbai or Bangalore and she has stated that petitioner No. 1 has rental income from the accommodation situated at Noida apart from the salary that he is earning. Thus, it is manifest that the property at Noida is not in his physical control or actual possession, yet respondent no. 4 seeks sharing of the said accommodation. It is further stated that apart from petitioner No. 1, his mother and sister too have been arrayed as respondents in the complaint under the J&K Protection for Women from Domestic Violence Act. The respondent No. 2 has taken cognizance of the complaint and issued the process to the respondents by order dated 21.10.2014. Vide order dated 08.06.2015 the Court below has passed the interim orders of Rs. 20,000/- per month and sharing of the accommodation at Flat bearing No:6258 (5th Floor) F-Block, FDDI Apptts. Sector-50, Noida. The said interim order was challenged in appeal and the said order has been upheld by the respondent No. 3.

3. Learned counsel for the petitioners states that The Jammu And Kashmir Protection of Women from Domestic Violence Act, 2010 is a State Act. The jurisdiction of the adjudicatory authorities is confined to the incidents of domestic violence taking place within the State, may be in any district or province and with respect to the parties residing within the State of J&K. The incidents of domestic violence giving cause of action outside the State of J&K can be adjudicated under the provisions of the similar provisions under the Act operating outside the State of J&K. It is stated that scheme of the Act is manifestly clear that in terms of Section 2(i), Magistrate means the judicial Magistrate of the First Class exercising jurisdiction under the Code of Criminal Procedure, Samvat 1989, in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to have taken place. The definition refers to the Magistrate exercising Jurisdiction under the J&K Criminal Procedure code. Thus obviously residence of the aggrieved person or the respondent is also referable to the residence within the State where J&K Cr.P.C. operates. The place of domestic violence also refers to the place under the said code.

4. The definition of the protection officer is given under Section 2(n). 'Protection Officer' means an officer appointed by the Government under Sub-section (1) of Section 8. In terms of the Rules made under the said Act definition of the Gover