N SURESH KUMAR Vs. STATE

JUDGEMENT

(1.) THIS revision challenges the order of learned Judicial Magistrate, Additional Mahila Court, Salem, passed in C.M.P.No.2199 of 2014 in C.C.No.16 of 2014 on 02.09.2014.

(2.) PETITIONERS are husband and wife. Owing to disputes between them, the second petitioner initiated proceedings under the Protection of Women from Domestic Violence Act (hereinafter referred to as "Act"). Upon a petition filed u/s.23 of the Act, an order directing the first petitioner to pay monthly maintenance in a sum of Rs.10,000/ - to the second petitioner was passed by learned Judicial Magistrate, Additional Mahila Court, Salem, in C.M.P.No.32 of 2013 in DVOP No.55 of 2013 on 07.03.2013. The second petitioner has filed C.M.P.No.1460 of 2013 u/s.31 of the Act complaining of disobedience of the order dated 07.03.2013. Under orders dated 31.07.2013, the Court below has directed the Inspector of Police, All Women Police Station, Ammapet, to register a case against the first petitioner for offences u/s.31 of the Act and 188 IPC. Pursuant to such direction, a case in Crime No.10 of 2013 on the file of the respondent for the said offences was registered. Thereafter, the petitioners filed C.M.P.No.2199 of 2014 informing that the dispute between them stands settled out of Court on receipt of a Demand Draft in a sum of Rs.2,00,000/ - by the second petitioner/wife and sought permission to withdraw the complaint. By the impugned order, the Court below has dismissed such petition. Hence, this revision.

(3.) HEARD learned counsel for petitioners and learned Government Advocate (Crl.side).