JUDGMENT

M. M. DAS, J.

The petitioners in this application have sought for quashing the criminal proceeding, being CMC No. 175 of 2008, pending before the learned S.D.J.M., Baragarh filed by the opposite parties under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act'). It is contended by the petitioners that a bare reading of the complaint filed under Section 12 of the Act would go to show that the opposite parties as petitioners have prayed for Residence Order under Section 19 of the Act and/or direction to H1e respondents (present petitioner) to pay monetary reliefs under Section 20 of the Act and pass such interim orders as the Court may deem just and proper. It is further contended that a partition suit was filed by the opposite parties claiming their share of the joint family property, which has been decreed against which the first appeal (RFA No. 167 of 2097) has been filed before this Court to which a cross appeal has also been filed. The said RFA has been disposed of by judgment passed today.

2. Learned counsel for the petitioners submitted that since a share has been allotted in favour of opposite party No.1-complain