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4. A preliminary objection was raised by learned AGA as well as learned counsel for the private respondents that against the order passed by the Family Court, there is specific provision of filing an appeal u/s 19 of the Family Courts Act, 1984 (in short 'the Act, 1984') which would prevail under Section 341 Cr.P.C. (corresponding to Section 380 BNSS). Therefore, the present appeal is not maintainable as the appellant can file an appeal against the impugned judgment of the Family Court u/s 19 of the Act, 1984.

8. The Section 340 Cr.P.C. (corresponding to Section 379 BNSS) shows that it relates to conducting a preliminary enquiry before filing a complaint for giving false affidavit before a court in a judicial proceeding. Section 341 Cr.P.C. (corresponding to Section 380 BNSS) provides an appeal against the order passed u/s 340 Cr.P.C. (corresponding to Section 379 BNSS). Section 341 Cr.P.C. (corresponding to Section 380 BNSS) is being quoted as under:

"341. Appeal (1) Any person on whose application any Court other than a High Court has refused to make a complaint under Sub-Section (1) or Sub-Section (2) of section 340, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of Sub-Section (4) of section 95, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint or, as the case may be, making of the complaint which such former Court might have made under section 340, and if it makes such complaint, the provisions of that section shall apply accordingly.

11. Similarly, Section 19 of the Act, 1984 also provides that the appeal against the order passed by the Family Court would lie before the High Court and the same shall be heard by a Division Bench or a Bench having the strength of more than two Judges. Therefore, Section 19 of the Act, 1984 provides not only the right and procedure but also the forum for filing an appeal against the order of the Family Court. Section 341 Cr.P.C. (corresponding to Section 380 BNSS) only provides the right to file an appeal against the order passed u/s 340 Cr.P.C. (corresponding to Section 379 BNSS) by any court. Therefore, there is no conflict between Section 341 Cr.P.C. (corresponding to Section 380 BNSS) and Section 19 of the Act, 1984, except the fact that Section 19 of the Act, 1984, also provides the forum for filing an appeal against the orders passed by the Family Court, including the order u/s 340 Cr.P.C. (corresponding to Section 379 BNSS). Section 19 of the Act, 1984, contains a non-obstante clause; therefore, it will prevail over Section 341 Cr.P.C. (corresponding to Section 380 BNSS) so far as the forum and limitation are concerned. Apart from this, the Act, 1984 is a Special Act and Cr.P.C. is a General Act, therefore, the provision of the Act, 1984 will prevail over the provision of Cr.P.C.

17. Therefore, from the above discussion, it is clear that proceeding u/s 340 Cr.P.C. (corresponding to Section 379 BNSS) is neither criminal nor civil but can be termed as quasi-criminal.

18. It is clear from the above analysis that an appeal arising from an order issued under Section 340 Cr.P.C. (corresponding to Section 379 BNSS) by the Family Court should be filed in accordance with Section 19 of the Act of 1984, specifically before the Division Bench of the High Court. Section 19 clearly does not preclude the appeal procedures outlined in Section 341 Cr.P.C. (corresponding to Section 380 BNSS) instead, it establishes a definitive forum and procedural framework for such appeals, directing them to the Division Bench of the High Court.