1 hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITOIN NO. 940 OF 2010 Shri. Nitin Tukaram Ghodke ... Petitioner Versus Smt. Panchashila N. Ghodke and anr ... Respondents Mr. U.B. Nighot, Advocate for the petitioner. Mr. V.B. Kondedeshmukh, A.P.P. for State. CORAM : SMT. R.P. SONDURBALDOTA,J. DATED : NOVEMBER 22, 2010 P.C. This writ petition seeks quashing of Application No. 188 of 2009 filed by the respondent wife against the petitioner in the court of Judicial Magistrate, First Class, Kalyan under section 12 of the Protection of women from Domestic Violence Act, 2005. The Petitioner alleges that the application by the respondent wife is a mala fide application filed solely for the purpose of harassing the petitioner. The Petition makes reference to two other proceedings filed by the respondent. The first is for maintenance filed under section 125 of Cr.P.C. and the other is a complaint alleging 2 commission of offences punishable under section 498A, 323, 504, 506 read with section 34 of I.P.C. filed against the petitioner and his mother. It is contended on behalf of the petitioner that the third complaint which is under consideration in the present petition was filed after the petitioner was arrested and released on bail in the second proceedings. Mr. Nighot, the learned counsel for the petitioner submits that the allegations in the third petition are same as in the second petition. By the application, the respondent seeks order under section 18, 19, 20 and 22 of the Domestic Violence Act. The perusal of the complaint shows specific allegations made therein against the petitioner are prima facie covered by the provisions of the Domestic Violence Act. The respondent in particular has also been claiming compensation under section 22 of the Act which remedy cannot be available to her in the earlier proceedings filed by her. In these circumstances, it would be difficult to quash the complaint filed by her. Hence, petition is rejected. (SMT. R.P. SONDURBALDOTA,J.)