AMAR SINGH CHAUHAN, J. - (1.) Heard learned counsel for the parties and perused the material on record.
(2.) The applicant, Mohd. Usman @ Bhai Lal, through this application moved under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer to quash the entire proceedings of Case No. 941 of 2009 (Smt. Shahar Bano Vs. Mohd. Usman) under Section 12 of Protection of Women from Domestic Violence Act , 2005 (hereinafter referred to as the 'Act') P.S. Sarai Mamrej, District Allahabad and stay the further proceedings of the aforesaid case.
(3.) The facts which are requisite to be stated for the adjudication of this application are that the opposite party no. 2 moved an application before the Magistrate concerned under Section 12 of the Act with the allegation that her marriage was solemnized with the applicant according to Muslim rites and rituals on 20.6.2001 and out of their wedlock five male issues were born but the applicant ousted her from his house, therefore, she was residing with her parents in their house. She is unable to maintain herself and also meet out the medical expenses whereas the applicant can afford essential commodity at this stage of her life, therefore, she claimed for dwelling house as well as maintenance and other expenses to the tune of Rs. 19,000/- per month. The Magistrate on receiving the complaint called upon the comments from the District Protection Officer.;