SANJAY SINGH Vs. TARUNA

JUDGEMENT

(1.) By way of this petition under Sec. 482 CrPC, the petitioner intends to challenge the order dtd. 19/6/2015 whereby the Additional Chief Judicial Magistrate, Raipur (for short, ACJM) has ordered for registration of an offence under Sec. 31 of the Protection of Women from Domestic Violence Act, 2005 (for short, the Act, 2005).

(2.) Facts in brief necessary for adjudication of this petition are that, the petitioner and the respondent had got married on 1/6/2009 and barely in a couple of years time, relations between the two got strained. Subsequently, respondent-wife Taruna Singh is said to have filed an application under the provisions of the Act, 2005 before the competent authority under the Act known as "Protection Officer". Along with the said application, the respondent-wife had also filed an application for grant of interim protection under Sec. 23 of the Act, 2005.

(3.) Pending the proceeding under the Act, 2005, the ACJM, vide order dtd. 9/4/2014 allowed the interim application and directed the petitioner-Husband, non-applicant before the ACJM court, restraining him from putting up hindrance in the way of the respondent-wife from peaceful residence as shared household.