SONU @ ARUNKUMAR @ ARUNKANT Vs. MADHURI AND ORS

JUDGEMENT

(1.) The petitioner has preferred this petition under Section 482 of Cr. P.C. for quashing the order passed by J.M.F.C. Ambah In MJC No.49/2013 dated 29.01.2013 whereby cognizance has been taken against the petitioner under Section 31 of the Protection of Women from Domestic Violence Act, 2005.

(2.) Briefly stating the facts of the petition are that respondent no.-1 filed an application under Section 12 of the Protection of Women from Domestic Violence Act against the petitioner and respondent no.-2. before the learned J.M.F.C. Ambah. The learned J.M.F.C. allowed the application vide order dated 27.04.2012 and directed the petitioner to provide Rs. 1500/- per month to the respondent no.-1 from the date when the proceeding under Section 12 of the Protection of Women from Domestic Violence Act was filed within fifteen days. Feeling aggrieved the petitioner approached the Appellate Court by preferring Criminal Appeal No. 94/2012. The petitioner preferred an application praying stay of effect of the order dated 27.04.2012. The same was allowed and it was directed that the order directing payment from the date of institution of the application be stayed, however, the petitioner shall pay Rs. 1500/- per month regularly. In compliance of the order the petitioner has deposited Rs. 9000/-. Thereafter, the respondent no.-1 filed an application under Section 31 of the Protection of Women from Domestic Violence Act before J.M.F.C. Ambah alleging that petitioner is not complying the order passed by learned Trial Court as well as the learned Appellate Court and not paying the amount of Rs. 1500/- per month regularly to respondent no.-1.

(3.) It is submitted by the learned Counsel for the petitioner that the order passed by the learned trial Court is against the facts and circumstances of the case and the settled legal position of law. The petitioner had deposited the amount in the trial Court.