1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2091 OF 2009 Shri. Rakesh Sukhdev Hande & Others .. Applicants Vs Mrs. Rohini Rakesh Hande and Others .. Respondents Amber Joshi for the Applicants Miss. A.T. Javed, APP for State Shri. Umesh Kurund for respondents CORAM : A.S. OKA, J DATE : 10th JULY, 2009 P.C.: 1. Heard learned counsel appearing for the parties. Though the learned counsel have made efforts to bring about amicable settlement, the parties are unable to arrive at any settlement. 2. The prayer in this application under Section 482 of the Code of Criminal Procedure, 1973 is for quashing the proceedings filed by the 1st respondent under Section 12 of the Protection of Women from Domestic Violence Act 2005. An application was made by the Rma applan2091-09.sxw 2 applicant for dismissal of the proceedings on the ground that the same is not maintainable. The said application has been rejected by the learned trial judge. 3. It is true that the applicant can always raise an objection as regards the maintainability of the proceedings initiated by the 1st respondent and her son. The learned magistrate was justified in rejecting the application made by the applicant considering the stage at which it was made. Notwithstanding the rejection of the said application, the applicant can always contest the proceedings initiated by the 1st respondent by raising contentions which are raised in this criminal application. The objection raised by the applicant will be considered by the trial court at appropriate stage. However, at this stage, the proceedings cannot be quashed. Subject to what is observed above, the criminal application is rejected. JUDGE Rma applan2091-09.sxw 3 Rma applan2091-09.sxw