- (1.) This is an application under Section 482 Cr. P.C. moved by the applicants for quashing of the entire proceedings of complaint case no. 482 of 2014 under Section 12 of Protection of Women from Domestic Violence Act, 2005(hereinafter referred to as the Act), Police Station Civil Lines, District Etawah.
(2.) Submission of the learned counsel for the applicants is that there was no any report submitted by the Protection Officer, therefore, cognizance taken by the concerned Magistrate to initiate proceedings under Section 12 of the Act is bad in the eyes of law.
(3.) Submission is also that availability of the report of the Protection Officer is the pre-condition to initiate the proceedings under the Act. It was further submitted that the concerned Magistrate did not take into consideration this legal provision. Report was submitted by the Protection Officer on 28.4.2015, concerned Magistrate had registered the case on 1.11.2014 itself. Referring the proviso of Section 12 (1) of the Act it was also submitted that the proceedings of the aforesaid complaint case on this ground is liable to be quashed.;