The court emphasized the time-bound disposal of applications, the procedure for service of notice, and the discretion of the court to lay down its own procedure for disposal of applications under the Protection of Women from Domestic Violence Act, 2005.

P.K. Jaiswal, J.

Heard.

1. Petitioners in this petition under Section 482 of Cr.P.C. is praying for quashment of order dated 4.3.2010 passed by IV Additional Sessions Judge, Gwalior in Criminal Revision No. 79/2010 whereby the learned revisional court affirmed the order dated 1.2.2010 passed by learned judicial Magistrate First Class, Gwalior in Criminal Case No. 2694/09.

2. The sole contention of the learned counsel for the petitioners is that the learned Magistrate erred in taking cognizance of the application filed by respondent No. 1 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the "Act") without calling for the report from the Protection Officer.

3. The learned counsel for the petitioners while reiterating the above said contentions put forth in the petition submitted that the proceedings pending on the file of the learned Magistrate are liable to be quashed for not following the mandatory provisions contained in the Act.

4. Before considering the above said contentions put forth by the petitioners, it is necessary to refer the relevant provisions of the Act. Sections 12 and 13 of the Act read as follow :

12. Application to Magistrate- (1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act:

Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider,

(2) The relief sought for under subsection (1) may include a relief for issuance of 'an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent :

Provided that where a decree for any amount as compensation or damages has been passed by any Court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance -amount if any, left after such set off.

(3) Every application under subsection (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto.

(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the Court.

(5) The Magistrate shall endeavour to dispose of every application made under Sub - section (1) within a period of sixty days from the date of its first hearing.

13. Service of notice- (1) A notice of the date of hearing fixed under section 12 shall be given by the Magistrate to the Protection Officer, who shall get it served by such means as may be prescribed on the respondent; and on any other person, as directed, by the Magistrate within a maximum period of two days or such further reasonable. time as may- be allowed by the Magistrate from the date of its receipt.

(2) A declaration of see-vice of notice made by the Protection officer in such form as may be prescribed shall be the proof that such notice was served upon the respondent and on any other person as directed by the Magistrate unless the contrary is proved.

5. Before making an endeavour to ascertain the purport and scope of the provisions contained in Sections 12 and 13 of the Act, it will be useful to refer to the objects in enacting the above said Act. The statement of objects and reasons reads as follows :

Statement of Objects and Reasons.- Domestic violence is undoubtedly a human rights issue and serious deterrent to development. The Vienna Accord of 1994 and the Bei