SUNEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Annexure-A1 final report in C.C.No.1483/2019 on the file of the Additional Chief Judicial Magistrate (E.O), Ernakulam, sought to be quashed in this petition filed under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C' for short). The petitioner herein is the accused in the above case. Respondents herein are the State of Kerala as well as the defacto complainant in the above case.

(2.) Heard the learned counsel Advocate James Abraham, appearing for the petitioner and the learned counsel appearing for the 2nd respondent.

(3.) The question arises for consideration is, whether non payment of maintenance allowance in refusal to pay the same based on a monetary relief granted under Sec. 20 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'D.V Act' for convenience) would amount to breach of protection order and for which, penal proceedings under Sec. 31 of the D.V Act can be invoked?