- (1.) This application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned order dated 6.8.2012 passed by the Additional Chief Judicial Magitstrate, Court No. 5, Allahabad and the order dated 7.10.2015 passed by the Additional District & Sessions Judge, Court No. 10, Allahabad and quash the further proceedings of complaint case no. 965 of 2011, under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the Act) (Priyanka Pal Vs. Rajendra Pal) pending in the court of Additional Chief Judicial Magistrate, Room No. 5, district Allahabad.
(2.) Submission of the learned counsel for the applicant is that the appellate court in the appeal under Section 29 of the Act has not considered the submissions raised by the applicant in right perspective and has illegally dismissed the appeal. Concerned Magistrate passed the order under Section 23 of the Act without affording opportunity of hearing to the applicant. District Probation Officer has also not submitted the report but proceedings against the applicant is continued. Applicant is unable to pay the amount fixed by the concerned Magistrate. Notice was never served upon him.
(3.) Learned A.G.A. argued that the concerned Magistrate dealing with the matter under the Act has jurisdiction to pass the ex-parte order under Section 23 of the Act. In the present matter despite service of notice the applicant avoided to participate in the matter. District Probation Officer has submitted the report and after considering the entire facts, order dated 6.8.2012 was passed by the concerned Magistrate. There is no illegality or infirmity in the order passed by the courts below. The applicant has an opportunity to raise all these facts in enquiry pending before the concerned Magistrate and if the Magistrate is satisfied interim order may be modified and merged with the final order.;