SUNIL MADAN Vs. RACHNA MADAN

JUDGEMENT

(1.) THIS petition under Section 482 CrPC is filed seeking quashing of the criminal complaint No. 2622/1 filed against the petitioner by his wife and daughter (respondents No. 1 & 2 herein) under Section 12 of Protection of Women From Domestic Violence Act, 2005 (for short the 'Act').

(2.) AT the outset, it may be noted that in the aforesaid complaint of the respondents, no order other than that of maintenance @ Rs. 30,000/- per month was passed by the Metropolitan Magistrate and even none of the parties have challenged the said order of maintenance. Thus, there is no order which is sought to be impugned in the present petition. Under the Act and particularly Chapter IV thereto, the Magistrate has been empowered to hear and dispose of the applications for various reliefs. This is the Magistrate alone having jurisdiction, who has been empowered to pass the order of protection as also of residence including interim etc. under the Act. Then, the provisions also envisage ensuring the compliance of those orders by the Magistrate and even proceeding for punishment in breach of orders. Further, under Section 29 of the Act, an appeal has been provided to the court of Sessions from the orders of the Magistrate. This being the scheme of the Act and the primary duty and power being with the Magistrate and there being no order which is sought to be impugned, the complaint being at the nascent stage, I was outrightly of the view not to entertain this petition and remand back the matter to the concerned Magistrate. However, since after filing of the present petition under Section 482 CrPC, some proceedings have taken place before this court and the parties have also been heard, I am of the view that to some extent, the controversy can be addressed here leaving the rest to be done by the Magistrate.

(3.) THE wife had claimed the following reliefs in the complaint against the petitioner: