The Protection of Women from Domestic Violence Act, 2005 does not have retrospective operation, and a penal enactment will not apply to acts committed before its enforcement.

The applicant, by means of present Application under Section 482, Cr.P.C., seeks to quash the orders dated 10.12.2008 and 25.04.2009 passed by the Judicial Magistrate 1st, Dehradun and Additional Sessions Judge, Dehradun respectively. The applicant also seeks to quash the proceedings of Misc. Case No.39/2009 under Sections 18, 19 & 20 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the Act pending before the Judicial Magistrate 1st, Dehradun.

2. A criminal complaint case was filed by the complainants (respondents herein) against the accused (applicant herein) under Sections 18, 19 & 20 of the Act. By way of order dated 10.12.2008 passed by learned Judicial Magistrate 1st, Dehradun, the applicant was directed to pay Rs.1500/- as monthly maintenance allowance to the respondents. The same was assailed by the application before the Sessions Judge, Haridwar by filing a criminal appeal, which was dismissed, vide order dated 25.04.2009. Aggrieved against the same, present application under Section 482, Cr.P.C. was moved by the applicant.

3. Learned counsel for the applicant drew attention of this Court towards para 20 of the complaint filed by the respondents against the applicant, which is enclosed as Annexure-1 to the application under Section 482, Cr.P.C. It was specifically written in para 20 of the complaint that the complainant No.1 (respondent No.1 herein) is living with her parents since 01.07.2005. Learned counsel for the applicant also drew attention of this Court towards para 10 of the complaint, wherein it was specifically mentioned that she was ousted from her matrimonial home on 01.07.2005.

4. The sole contention of learned counsel for the applicant, therefore, is that the provisions of the Act will not be applicable to the case in hand, inasmuch as, the Act came into force on 26.10.2006 and the alleged incident took place before that. There appears to be some sense in such contention of learned counsel for the applicant. The Act came into force on 26.10.2006, vide S.O. 1776(E), dated 17.10.2006, published in the Gazette of India, Extra., Pt. II, Section 3(ii) dated 17.10.2006. This fact is clear in the instant case that the complainant (respondent herein) was ousted from her matrimonial home on 01.07.2005. She continues to remain at her parental home thereafter, as is mentioned in para 20 of the complaint.

5. The question is the Act which came into force on 26.10.2006 can have retrospective operation or not? Will it operate retrospectively and will encompass within it orbit an incident which took place on 01.07.2005?

6. Section 27 of the Act lays down that the Magistrate, within the local limits of whose jurisdiction the aggrieved person permanently or temporarily resides or carries on business or is employed or the respondent resides or carries on business or is employed or the cause of action has arisen, shall be the competent Magistrate to grant protection orders and other orders and to try offences under the Act. Section 28 of the Act provides that the proceedings under the Act relating to application and orders for reliefs and offences of breach of protection order or interim protection order by the respondent shall be governed by the provisions of the Code of Criminal Procedure, 1973.

7. Further, Section 29 of the Act provides that an appeal from the order made by the Magistrate shall lie to the Court of Session within thirty days from the date of service of the order on the aggrieved person or the respondent, whichever is later.

8. It is, therefore, absolutely clear that the Act is penal in nature, inasmuch as, the offences under the same are triable by the Judicial Magistrate, an appeal against the order of Magistrate shall lie to the Court of Session and the proceedings under the Act shall be governed by the provisions of Code of Criminal Procedure, 1973.

9. Article 20 (1) of the Constitution of India also provides the guidelines as under:

“20.Protection in respect