- (1.) This writ petition under Article 226 and 227 of the Constitution has been filed against the order dated 3.9.2014 for quashing FIR No. 898/2014 registered at Police Station Vaishali Nagar, Jaipur City (South) for the offence under Section 31 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the Act of 2005) and also complaint No. 6/2014 under Section 12 of the Act of 2005 pending before Metropolitan Magistrate No.14, Jaipur.
(2.) The contention of the petitioner is that he is a person working in BSNL, Jaipur respondent No.4 is the wife of the petitioner. She is not living with the petitioner since 2005. Matrimonial disputes are pending between the parties. Respondent No.4 has moved an application under Section 12 of the Act of 2005 on 3.9.2014, an interim order as regards to payment of medical expenses for the respondent No.4 has been passed. The petitioner is ready to comply with the order passed on 3.9.2014 but there are some formalities which are to be fulfilled as per regulations of BSNL and it will take time. The respondent has lodged an FIR for the offence under Section 31 of the Act of 2005 just to harass the petitioner. The contention of the petitioner is that FIR No. 898/2014 is abuse of the process and not maintainable as order dated 3.9.2014 has not been passed under Section 18 of the Act of 2005 and FIR under Section 31 of the Act of 2005 is not maintainable and be quashed. Per contra, the contention of the counsel for the respondent No.4 is that an interim order has been passed vide order dated 3.9.2014 and admittedly it has not been complied with hence FIR is justified and specific allegations have been lodged hence the FIR should not be quashed.
(3.) Heard the learned counsel for the petitioner and learned Public Prosecutor and perused the impugned order as well as the other documents presented by the petitioner.;