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 been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act:

Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner.

3. It is contended by learned counsel for the petitioner that as per section 2 (q) of the Act, it is crystal clear that an application can be filed by an aggrieved person including the respondent claiming relief under the Act only against the adult male person. However, as per the proviso appended to this provision, a wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner.

4. Learned counsel for the petitioner drew this Courts attention to a citation Ajay Kant Sharma and others v. Smt. Atka Sharma, 2008 (1) JLJ 393=2008 (2) Crimes 235 in which, a Bench of this Court has held that application for seeking one or more relief under the Act of 2005 can be filed only against adult male person. Relying that citation, it is further urged that in the present case, petitioner against whom, the application is filed under Section 12 of the Act is not adult male person, therefore, proceedings initiated against her and application filed against her is not maintainable. It is urged on behalf of the petitioner that considering the view expressed in above citation, the petitioner being a lady, proceedings initiated against her in Cr. Case No. 2694 of 2009 be quashed.

5. Learned counsel for the respondent vehemently opposed the application and submitted that while disposing of the application under Sub-section (1) of section 12 of the Act of 2005, Magistrate may on being satisfied that domestic violence has taken place, pass a residence orders vide Section 19 of the Act:

(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;

(b) directing the respondent to remove himself from the shared household;

(c) restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides;

(d) restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides;

(e) restraining the respondent from renouncing his rights in the shared household except with the leave of the Magistrate; or (f) directing the respondent to secure same level of alternate accommodation for the aggrieved person an enjoyed by her in the shared household or to pay rent for the same, if the cir