CAV Order

1. Petitioners have filed this petition seeking quashment of Complaint Case No.1/2019 pending before the learned Judicial Magistrate 1st Class, Akaltara on the ground that marriage between petitioner No.1 and respondent has been dissolved by decree of divorce passed by the Family Court, Daltonganj (Jharkhand); application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act of 2005') is filed after seven months from the date of grant of decree of divorce by the Court of competent jurisdiction; application under Section 12 of the Act of 2005 is barred by limitation under Section

468 of CrPC.

2. Mr. Kalyaan Kalamkar, learned counsel for the petitioners would submit that application under Section 12 of the Act of 2005 is filed on 7.12.2018 i.e. after seven months of grant of decree of divorce in favour of petitioner No.1; respondent was residing separately since long time as appearing from application filed under Section 12 of the Act of 2005, hence application itself is barred by limitation, as envisaged under Section 468 of CrPC. 'Aggrieved Person' is defined under Section 2 (a) of the Act of 2005 and 'domestic violence' is defined