IMPORTANT POINT
A person cannot be summoned under Section 31 of the PWDV Act for non-compliance of monetary orders such as maintenance or interim maintenance orders.

JUDGMENT

Swarana Kanta Sharma, J. - The present petition under Section 482 of Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed by the petitioner seeking quashing of summoning order dated 12.03.2019 passed under Section 31(1) of Protection of Women from Domestic Violence Act, 2005 for non-compliance of monetary relief or interim maintenance order in Criminal Case No. 41/2019 (New Case No. 882 of 2022) titled as `Kiran Jyot Maini v. Anish Pramod Patel'.

2. In the present case, marriage between the petitioner-husband and respondent-wife was solemnized on 30.04.2015 and subsequently, an FIR bearing no. 34/2016 was registered on the complaint of respondent at Police Station Mahila Thana, Gautam Buddh Nagar, U.P. under Sections 498A/323/504 of Indian Penal Code, 1860 and Sections 3/4 of Dowry Prohibition Act, 1961. Thereafter, the petitioner had filed a Criminal Miscellaneous Writ Petition before the High Court of Allahabad for stay on arrest and quashing of the FIR. Pursuant to the same, on 06.05.2016, the High Court of Allahabad had passed the order by way of which the matter was referred to mediation and an order of stay of arrest of petitioner was passed. However, on 22.09.2016, the High Court of Allahabad had dismissed the writ petition due to lack of merits. Thereafter, the respondent had filed an Application No. 4622 of 2016 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (`PWDV Act') before the learned Judicial Magistrate, Gautam Budh Nagar, wherein an application seeking interim maintenance had also been filed by her under Section 23 of the Act. The learned Judicial Magistrate vide order dated 10.05.2018 had directed the petitioner to pay interim maintenance of Rs.35,000/- (Rupees Thirty-Five Thousand Only) to the respondent. Against the said order, appeals had been preferred by both the parties and the learned Additional Sessions Judge, Gautam Budh Nagar vide order dated 01.02.2019, had modified the order dated 10.05.2018 and had directed the petitioner to pay Rs.45,000/- per month to the respondent as well as Rs.55,000/- per month to the daughter. Aggrieved by these orders granting interim maintenance, the petitioner herein had preferred an Application bearing No. 12860/2019 under Section 482 of Cr.P.C. before the High Court of Allahabad and the matter was again referred to mediation vide order dated 09.04.2019 and the counsel for the respondent at that time had given an undertaking that during the course of mediation, they will not initiate any action against the petitioner. However, the mediation between the parties had failed on 06.07.2019.

3. Subsequently, the respondent had moved a Criminal Application No. 41/2019 under Section 31(1) of PWDV Act against the petitioner for non-compliance of order dated 01.02.2019 i.e. for non-payment of interim maintenance and summons were issued by the Court of learned Additional Civil Judge, Third, Gautam Budh Nagar, but these summons were challenged by the petitioner before High Court of Allahabad vide Application No. 33533/2019 under Section 482 of Cr.P.C. and the summons were stayed vide order dated 16.09.2019 till next date of hearing.

4. Vide order dated 13.12.2019, the High Court of Allahabad had directed expeditious disposal of application filed by the respondent under Section 12 of PWDV Act which was pending before learned Judicial Magistrate as there was no stay of proceedings. Thereafter, the petitioner had ultimately preferred transfer petitions before the Hon'ble Supreme Court seeking transfer of all criminal cases and complaints filed by the wife as well as applications filed by him under Section 482 of Cr.P.C. before High Court of Allahabad, to the Courts in Delhi. The Hon'ble Supreme Court vide order dated 06.11.2020 had referred the matter to Supreme Court Mediation Centre and thereafter had also allowed transfer petitions vide order dated 13.08.2021 by transferring all the cases to Tis Hazari Court, Delhi, except applications unde