N. Suresh Kumar vs State

C.T. Selvam, J.—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. Mo 16 of 2014 on 2.9.2014.

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 under Section 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 D.V.O.P. No.55 of 2013 on 7.3.2013. The Second Petitioner has filed C.M.P. No. 1460 of 2013 under Section 31 of the Act complaining of disobedience of the Order dated 7.3.2013. Under Orders dated 31.7.2013, the Court below has directed the Inspector of Police. All Women Police Station. Ammapet, to register a case against the First Petitioner for offences under Section 31 of the Act and 188, I.P.C. 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.

Heard learned Counsel for Petitioners and learned Government Advocate (Crl. side).

While Section 31 of the Act empowers a Magistrate to frame a charge for offence of violation of breach of Order of Protection or interim protection and after due enquiry direct punishment as provided for in such Section, the Court below passed a most erroneous order of directing the Inspector of Police, All Women Police Station, Ammapet, Salem, to register a case against the First Petitioner under Sections 31 of the Act and, I.P.C. Upon such direction, the concerned Inspector of Police has registered a case in 1 June No, 10 of 2013. It is informed that, Investigation stands completed therein. Adding insult to injury, the Court below has refused to entertain the Petition filed by the parties seeking permission to withdraw the Complaint as the issue has been settled out of Court on the reasoning that a case stood registered by the Inspector of Police. All Women Police Station, Ammapet, Salem, pursuant to directions issued by it and further that the offence under Section 188, I.P.C. was not compoundable.

Section 28 of the Protection of Women from Domestic Violence Act reads thus:

"28. Procedure.- (1) Save as otherwise provided in this Act, all proceedings under Sections 12, 18, 19, 20, 21, 22 & 23, and offences under Section 31, shall he governed by the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).

(2) Nothing in sub-section (1) shall prevent the Court from laying down its own procedure for disposal of an Application under Section 12, or under sub-section (2) of Section 23."

Thus, when the provisions of the Criminal Procedure Code are applicable, this Court is of the view that the principle behind 257, Cr.P.C. which permits withdrawal of Complaint also would be applicable.

This Criminal Revision is allowed. Accordingly,-

All proceedings pending between Petitioners in D.V.O.P. No.55 of 2013 on the file of learned Judicial Magistrate, Additional Mahila Court, Salem, shall stand dismissed as withdrawn.

All further proceedings pursuant to registration of Crime No. 10 of 2013 on the file of the Respondent police shall stand quashed.

Consequently, connected Miscellaneous Petition is closed.