1. This petition has been preferred under section 482 of CrPC for quashing the private complaint, whereby notice has been issued to the petitioners in MJC No.36/2012 vide order dated 9.11.2012 under section 12 of the Protection of Women from Domestic Violence Act, 2005.

2. Brief facts of the petition are that respondent had moved an application under section 12 and under section 23(2) read with sections 18, 19, 20, 21 and 22 of the Protection of Women from Domestic Violence Act, 2005, alleging that the petitioners are sons of complainant’s Devar. Petitioners have turned out the respondent/complainant from the house and since then she is residing with her relatives. It is further alleged that petitioners have filed a suit for eviction against the tenant of the respondent/complainant and have tried to deprive the respondent/complainant of the rent. It is further alleged that respondent/complainant is apprehending that she might be beaten. Respondent/complainant does not want to remain dependent upon her relatives but wants to reside in her family house situated at Mor Bazar bearing number 41/7 and new number 45/7. Respondent/complainant apprehends that petitioners will not allow her to remain in the house, therefore, it is prayed that order be passed under sections 18 and 19 of the Protection of Women from Domestic Violence Act.

3. On the basis of the aforesaid allegations learned Magistrate has taken the cognizance under the provisions of Protection of Women from Domestic Violence Act and issued notice to the petitioners to secure their presence. Upon service of notice petitioners appeared before the Court on 3.12.2012 and filed reply to the application filed by the respondent/complainant under section 23(2) of the Protection of Women from Domestic Violence Act. Learned JMFC, Gwalior has dismissed the application filed under section 23 of the Protection of Women from Domestic Violence Act holding that prima facie no case under the provisions of Protection of Women from Domestic Violence Act is made out. However the learned JMFC, Gwalior has fixed the case for reply of the application under section 12 of Protection of Women from Domestic Violence Act. Being aggrieved by the same petitioners have preferred this petition.

4. It is submitted that the private complaint as well as the order dated 9.11.2012 taking cognizance and other subsequent proceedings are contrary to the law and record because prima facie no case is made out under the provisions of the Protection of Women from Domestic Violence Act. It is clear that no allegation of domestic violence has been made against the petitioners, which has also been found by the learned trial Court below while passing the order on 10.12.2012. In view of the findings recorded by the learned trial Court, the private complaint as well as the order dated 9.11.2012 it is clear that till 9.11.2012 no report prepared by the Protection Officer was received. It is, therefore, apparent that the impugned order was passed ignoring the provisions of section 12 of the Protection of Women from Domestic Violence Act. It is further submitted that the house in question does not belong to the husband of the respondent/complainant but belongs to her father-in-law exclusively, therefore, respondent/complainant cannot claim any right to live therein. The proceedings has been initiated by the respondent/complainant after loosing from the civil Court that too after suppressing the proceedings concluded and pending in the Courts. Petitioners have never committed any violence with the respondent/complainant. No prima facie case is made out against the petitioners, therefore, it is prayed that private complaint as well as order dated 9.11.2012 and the subsequent provisions be quashed.

5. Learned counsel for the respondent/complainant has supported the impugned order passed by the learned Court below and submitted that respondent/complainant is the widow of Late Parmanand. Late