NEHA CHATURVEDI Vs. STATE

JUDGEMENT

(1.) The present revision petition U/s 397, 401 R/w Sec. 482 Cr.P.C. has been filed by the petitioner with the following prayers:

(2.) The petitioner by way of the present revision petition has challenged the impugned order dtd. 18/12/2019 passed by the Ld. Metropolitan Magistrate, Mahila Court-02/East District, Karkardooma Court, Delhi vide which the Ld. MM, Mahila Court-02 has dismissed the complaint filed by the petitioner U/s 31 (1) of Protection of Women from Domestic Violence Act, 2005. This complaint had been filed by the petitioner for the prosecution of accused husband on the ground that he had committed breach of protection order dtd. 27/11/2014 vide which the Ld. MM Mahila Court, East District had disposed of the application filed by the petitioner under Sec. 12 of Domestic Violence Act, 2005 on account of mediation settlement between the parties.

(3.) The said application under Sec. 12 of Domestic Violence Act, 2005 was disposed of by the Ld. MM Mahila Court, East District as per the terms and conditions of the mediation settlement. The petitioner has alleged that her husband (respondent No.2 herein) has failed to comply with the terms of the mediation settlement and again indulged into domestic violence which led to filing of a subsequent complaint under Sec. 31 (1) of Protection of Women from Domestic Violence Act, 2005. This complaint has been dismissed by the Ld. Metropolitan Magistrate, Mahila Court-02/East District, Karkardooma Court, Delhi vide impugned order dtd. 18/12/2019 which is under challenged in the present revision petition.