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5. In the said proceedings filed before the learned Judicial Magistrate First Class, the respondent had filed an application under Section 12 of the said Domestic Violence Act on 11 th February, 2014. The parents of the appellant herein were also impleaded as parties respondent. This Court referred to the prayers in those proceedings filed by the respondent before the learned Judicial Magistrate First Class. It was contended by the appellant's advocate before this Court that the principles of Section 26 of the said Domestic Violence Act, 2005 is to ensure that any relief available under Sections 18 to 22 can be sought in any legal proceedings before a Civil Court, Family Court or a Criminal Court, whether such proceedings were initiated before or after commencement of the said Domestic Violence Act. It was contended that jurisdiction vested in the Family Court is wide enough to consider all the reliefs that have been prayed in the application specifically preferred under Section 12 of the said Domestic Violence Act, 2005.

13. Learned Counsel for the respondents submits that the proceedings under the provisions of Section 28(1) of the said Domestic Violence Act are akin to the proceedings under Section 125 of the Code of Criminal Procedure. He relied upon Rule 6(5) of the Family Court Rules. Learned Counsel invited our attention to Section 29 and also Section 12 of the said Domestic Violence Act and submits that application filed by the respondent-wife to the learned Magistrate was under Section 12 of the said Domestic Violence Act and thus any order passed under the said provisions is appealable before the Sessions Court under Section 29 of the Domestic Violence Act.

15. Mr. Sarwate, learned Counsel for the appellant on the other hand strongly placed reliance on the judgment of this Court delivered on 6 th September, 2018 in Criminal Writ Petition No. 4649 of 2015 filed by his client against the respondent and another under Section 24 of the Code of Civil Procedure, 1908 and would submit that the said bdp fca-31.20.doc judgment delivered by this Court thereby clubbing both the proceedings which were filed by the respondent against his client has not been impugned by the respondent. Learned Counsel placed reliance on Section 12 of the said Domestic Violence Act and would submit that various reliefs were sought by the respondent before the learned Judicial Magistrate, First Class in Criminal Misc. Application No. 68 of 2014 by making an application under Section 12 of the said Domestic Violence Act.

40. The full bench also adverted to the judgment of Division Bench of this Court in case of Sukumar Pawanlal Gandhi v/s Bhakti Sushil Gandhi, 2016 SCC OnLine Bom 12942 following the view taken by the Hon'ble Supreme Court in case of Kunaprareddy alias Nookala Shanka Balaji v/s. Kunapareddy Swarna Kumari, (2016) 11 SCC 774 and held that the proceedings under Section 12(1) of the Domestic Violence Act are predominantly of civil nature and it opined that the power under Section 482 of Criminal Procedure Code would not be available for quashing of an application under sub-Section (1) of Section 12 seeking reliefs under Sections 17 to 22 of the Domestic Violence Act. However, it gave a clarification that because Sections 31 and 33 create distinct offences, power under Section 482 of Criminal Procedure Code could also be exercised for quashing of the prosecution under Sections 31 and 33 of the Domestic Violence Act. bdp fca-31.20.doc