KANAKA RAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) Whether a Magistrate is competent to direct registration of a case and investigate an offence under Section 31 of Protection of Women from Domestic Violence Act, 2005 in the absence of a protection order or an interim protection order, is the question to be decided in this petition.

(2.) Second respondent filed a petition under Section 12 of Protection of Women from Domestic Violence Act (hereinafter referred to as the Act) before Judicial First Class Magistrate, Kattakkada. It was referred to Taluk Lok Adalat, Kattakkada. On 8-11-2008 a settlement was arrived at, though no award was passed. Settlement arrived provide for return of gold ornaments on or before 13-12-2008, transfer of half right in the joint property, reservation of life interest of the second respondent over cents of property, delivery of household articles to the second respondent and payment of maintenance amount of Rs.25,000/- for the children. It was again taken on 12-12-2008 at the Adalat. The second respondent was then present. But petitioner was absent. It is seen recorded that petitioner did not comply with certain conditions of the settlement and second respondent was not satisfied with the settlement and therefore she retracted from the settlement previously arrived on 8-11-2008.

(3.) Treating the order dated 12-12-2008 as an award and that too, an order for which penalty is provided under Section 31 of the Act, in case of breach of the order, learned Magistrate as per Annexure C order dated 3-1-2009 directed Sub Inspector of Police, Malayinkil, to register a case under Section 31 of the Act and investigate the same. Consequently, Annexure A FIR was registered. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure A FIR as well as the directions to investigate the offence in Annexure C order.