- (1.) This application under section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the proceedings of the complaint case no.579/IX/2014 (Smt. Bharti Sachdeva Vs. Ajai Kumar Sachdeva) under sections 12, 18, 19, 20 & 22 of the Protection of Women from Domestic Violence Act, 2005 as well as the order dated 2.2.2015 passed by the Addl. Chief Judicial Magistrate-II, Banda whereby the objection (application 37 Kha) filed by the applicant in the aforementioned case was rejected.
(2.) Heard Sri Raghvendra Dwivedi, learned counsel for the applicant and learned A.G.A. for the State.
(3.) It was submitted by the learned counsel for the applicant that proceedings under the Protection of Women from Domestic Violence Act, 2005 (In Short 'the Act') cannot be initiated regarding the incident, which took place prior to coming into existence of the Act. It was also submitted that legislature has not made the provision of the Act applicable with retrospective effect. Hence, cognizance taken by the Magistrate concerned issuing notice in the proceedings under section 12 of the Act is bad in the eye of law and the proceedings cannot go on.;