1 crwp1-10 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURSIDICTION CRIMINAL WRIT PETITION NO. 1 OF 2010 ALONGWITH CRIMINAL APPLICATION NO. 195 OF 2010 Mrs. Rani Motwani & Anr. .. Petitioners V/s. Mrs. Asha Ashok Hinduja & Anr. .. Respondents ..... Mr. K. M. Sangani for the petitioners. Mr. A. R. Patil, APP for the respondent No.2 – State. ..... CORAM : A.S.OKA, J. DATE : SEPTEMBER 29, 2011. P.C.: Heard the learned counsel appearing for the petitioners. By this petition, the petitioners have invoked Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 for quashing the proceedings of the application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “the said Act”). 2. As can be seen from the preamble of the said Act, the same has been enacted for granting more effective protection to the rights of the women guaranteed by the Constitution of India who are victims of violence of any kind occurring within 2 crwp1-10 the family. Perusal of the provisions of the Act shows that there are various powers conferred on the learned Magistrate. The powers are as regards grant of protection order under Section 18, grant of residence order under Section 19, grant of monitory relief under Section 20, grant of custody order under Section 21 and grant of compensation order under Section 22. Under Section 23, a power is conferred on the Court of the Magistrate to grant interim relief. There are only two penal provisions under the said Act. Under Section 31, power is conferred to punish a person who commits breach of a protection order. Under Section 33, there is a power conferred on the Magistrate to punish a Protection Officer who refuses to discharge his duties as per the directions contained in protection order. The said Act is not a penal statue. The proceedings of an application under Section 12 are not criminal proceedings. Therefore, by invoking Section 482 of the Code of Criminal Procedure Code, 1973, proceedings under the said Act cannot be quashed. 3. If according to the petitioners, the proceeding of the application under Section 12 of the said Act is not maintainable, it is for the petitioners to raise the said objection before the learned Magistrate before whom the application under Section 12 of the said Act is pending. Power of 3 crwp1-10 superintendence under Article 227 of the Constitution of India cannot be involved to quash the said proceedings. 4. Subject to what is observed above, petition is not entertained and the same is dismissed. 5. All contentions of the parties on merit of the case are kept open. 6. Criminal Application No.195 of 2010 does not survive and the same is disposed of. (A.S.OKA, J.)