- (1.) Heard learned counsel for the applicant and learned A.G.A. for the State.
(2.) This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 435 of 2012 (Smt. Sarita @ Shreya Vs. Hirdesh Tewari and others) under Sections 12 of the Protection of Women from Domestic Violence Act, 2005, P.S. Kotwali-Orai, District Jalaun pending in the Court of Judicial Magistrate, Jalaun at Orai as well as the summoning order dated 21.03.2015 passed in the aforesaid case. Further prayer has been made to stay the further proceedings of the aforesaid case.
(3.) Submission of the learned counsel for the applicant is that there is no provision to accept the affidavit as evidence in the proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter it will be denoted as the "Act 2005"). It was also argued that the concerned Magistrate despite objections raised on behalf of the applicant accepted the affidavit on behalf of the aggrieved person as piece of evidence under Section 200 Cr.P.C. Learned counsel for the applicant also refer to the order dated 15.6.2015 passed by this Court while issuing notices to the opposite party no. 2 in the application under Section 482 no. 16335 of 2015 and argued that no such affidavit could be taken as piece of evidence.;