1. This petition has been preferred by the petitioner invoking extraordinary jurisdiction of this Court conferred under section 482 of Code of Criminal Procedure for setting aside order dated 31.3.2009 passed by JMFC Gwalior and for quashing the proceedings of Cr. Case No. 2694 of 2009 pending against the petitioner in the Court of Judicial Magistrate, Gwalior.

2. Facts in nutshell giving rise to this petition are that respondent has filed one application under Section 12 of Protection of Women from Domestic Violence Act 2005 (in brevity the Act of2005) against petitioner and others in the Court of JMFC, Gwalior. Learned JMFC, after registering the application, issued notice to the petitioner and others. Hence, the petition challenging that order of registering the application and issuing notice to the petitioner is filed on the following grounds:

(1) that, as provided by section 2 (q) of the Act, such application under Section 12 of the Act cannot be filed against the petitioner who being a lady under section 2 (q) of the Act of 2005. In Section 2 (q) of the Act, the term respondents has been defined as under:

"(q) "respondent" means any audit male person who is or has b