AI Structured Summary
Not yet generated for this judgment
Judgment
M. Sasidharan Nambiar, J.
1.Annexure-A3 order was passed by Judicial First Class Magistrate, Taliparamba on a petition filed by the second Respondent u/s 21 of Protection of Women from Domestic Violence Act. Annexure-A3 order was passed accepting the compromise between the Petitioner and the second Respondent. Complaining that Petitioner did not comply with Annexure-A3 order, second Respondent approached the learned Magistrate by filing a petition under Sections 31 and 32 and Rule 15(4) of Protection of Women from Domestic Violence Act and the Rules. By Annexure-A7 memo, Petitioner was informed by the learned Magistrate that petition is posted to 12.11.2010. This petition is filed u/s 482 of Code of Criminal Procedure to quash Annexure-A3 order.
Learned Counsel appearing for the Petitioner was heard.
First of all, Annexure-A3 order is an appealable order, as provided u/s 29 of Protection of Women from Domestic Violence Act. Remedy of the Petitioner, if any, is to challenge the order in appeal. When Annexure-A3 order is based on a compromise, Petitioner is not entitled to get it quashed by invoking the inherent power u/s 482 of Code of Criminal Procedure. Though learned Counsel appearing for the Petitioner argued that learned Magistrate should not have taken cognizance of the offences under Sections 31 and 32 of Protection of Women from Domestic Violence Act, Annexure-A7 memo does not show that cognizance was taken. By Annexure-A7 memo Petitioner was only informed about the posting date. Petitioner is entitled to raise all the contentions raised herein before the learned Magistrate.
Petition is disposed.