1. This application has been filed by the applicants under section 482 of the CrPC for quashing the criminal proceedings of MJC No.260/2016 pending before the Court of leaned JMFC Bina, District Sagar for the offence punishable under section 12 of the Protection of Women from Domestic Violence Act, 2005.

2. It is not in dispute that the applicant No.1 and the respondent are legally wedded husband and wife. Their relationship is still in existence. It is also not in dispute that their marriage was solemnized on 19.5.2011 and upto 28.5.2011, the respondent was resided at her matrimonial house. Thereafter, she is residing with her parents without any assistance of her husband/applicant No.1.

3. In the present case, the respondent lost her right to receive the maintenance allowance under section 125 of the CrPC as vide order dated 25.4.2016 passed by ASJ, Bina in Criminal Revision No.107/2015 (Annexure A-5).

4. Learned counsel for the applicants has contended that after losing the maintenance case, as a counter blast, on 12.5.2015 the respondent immediately filed an application under section 12 of the Protection of Women from Domestic Violence Act to harass the applicants and extract money from them by misusing the process of law.

5. Having heard learned counsel for the parties and perused the record. Learned counsel for the respondent has vehemently opposed the prayer of learned counsel for the applicant.

6. The nature of proceeding under section 12 of the Protection of Women from Domestic Violence Act is different from the proceeding under section 125 of the CrPC.

7. According to section 12 of the Protection of Women from Domestic Violence Act, an aggrieved person as the respondent, she is entitled to file a petition seeking one or more reliefs provided under the Act. Section 18 provides for protection order, section 19 for residential order and section 20 for monetary reliefs.

8. An aggrieved person is defined under clause (a) of section 2 as any woman who is or has been in domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent. Domestic relationship is defined under clause (f) of section 2 as relationship between two persons, who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage or through a relationship in the nature of marriage.

9. The applicants have prayed to quash the criminal proceedings pending against the applicants by way of filing the present application under section 482 of the CrPC.

10. It is a settled principle of law laid down by the Hon'ble Supreme Court that where the specific remedy is open to the party under specific Act, the High Court will not interfere under section 482 of the CrPC. In case of N.P. Ponnuswami v. Returning Officer, Namakkal Constituency, Manakkal, Salem District [AIR 1952 SC 64]. The apex Court has laid down that :

“where a right or liability is created by statute which gives a special remedy for enforcing it, the remedy provided by that statute only must be availed of.”

Any order passed by the concerned trial Court can be challenged by way of an appeal. Hence, it is not proper to this Court to interfere at this juncture under the inherent powers of section 482 of the CrPC where the respondent is entitled to get any relief claimed by her or it can be adjudicated after recording the evidence. Hence, in the opinion of this Court the proceeding under section 12 of the Protection of Women from Domestic Violence Act is not liable to be quashed against the applicants.

11. In view of the aforesaid, the present petition under section 482 of the CrPC is dismissed.

12. Copy of this order be sent to the concerned trial Court for necessary information.