JUDGMENT :

Heard Mr. M. H. Ahmed, learned counsel for the petitioners. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor representing the State respondent No.1 and Mr. M. J. Quadiri, learned counsel for the respondent No.2.

2. This Criminal petition is filed under Section 482 of the Code of Criminal Procedure, 1973, praying for setting aside and quashing of the impugned complaint petition registered as No.75m/2017, which is pending before the Court of learned Judicial Magistrate, 1st Class, Kamrup(M), Guwahati, and the order dated 14.06.2017 for taking cognizance, and impugned order dated 02.03.2019, whereby, the Maintenance of Rs.5000/-(Rupees Five Thousand) only granted in favour of the respondent No.2 and to the child.

3. The brief facts leading to the filing of the present petition is that;

3.1 The petitioner No.1 is an unemployed person having no source of income of his own. The petitioner Nos. 2 and 3 are his parents, suffering from various ailments. In the year 2015, the petitioner No.1 got married with the respondent No.2 and since after the marriage, the respondent No.2 started to torture the petitioner No.1 by various ways, and also insulted the accused petitioner No.1 that he has no source of income. After marriage, the respondent No.2 also pressurized the petitioner No.1 to transfer the property in her name. She also compelled the petitioner No.1 to live separately from his parent’s. As per the wish of the respondent No.2, the petitioner started to live separately in the house of the respondent No.2 as a “Ghar Jamai”. Both the petitioner No.1 and the respondent No.2 are the parents of one male child, who was born out of their wedlock, but, even then, the respondent No.2 refused to stay along with the parent’s of the petitioner No.1.

3.2 On 29.06.2016, the respondent No.2, fled away, after stealing the gold ornaments worth Rs.3,00,000/-(Rupees Three Lakhs) approximately, and for which reason, the petitioner No.1 had lodged an FIR against her. On the ground of lodging the FIR, and also for not fulfilling her demand, the respondent No. 2 filed a petition under Section 125 Cr.P.C., which was registered as F.C.(Crl) Case No.09/2017, before the learned Principal Judge, Family Court-II, Kamrup(M), wherein, she prayed for Rs.25,000/-(Rupees Twenty-Five Thousand) only per month as a maintenance for herself and for the child.

3.3. In the meantime, for no action of the Police, with respect to the FIR, the petitioner No.1 filed a protest/complaint Case No.1217/2017, before the Court of learned Judicial Magistrate, 1st Class, which is still pending in trial stage.

3.4. During the pendency of the petition under Section 125 Cr.P.C., the respondent No.2 submitted a complaint in the District Welfare Officer, Kamrup(M), with some false and concocted allegation by suppressing the facts of the pendency of the petition under Section 125 Cr.P.C against the petitioners. The District Social Officer, without making any enquiry or verification forwarded the complaint to the Court of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati. Further, the learned Judicial Magistrate, without recording the statement of the respondent No.2, vide impugned order dated 14.06.2017, took cognizance against the petitioners under the provision of Domestic Violence Act and issued notices upon the petitioners.

3.5. On receipt of the notices, for the Domestic Violence Act, the petitioners appeared before the learned Trial Court and also filed their written statements narrating the actual facts of the case in detail.

3.6. In the meantime, the learned Principal Judge, Family Court-II, Kamrup (M), vide order dated 24.07.2018, directed the petitioner No.1, to pay a sum of Rs.1,000/-(Rupees One thousand) only per month as an interim maintenance, considering the facts, that the petitioner No.1 has no source of income, whereas the respondent No.2 is earning more than 30,000/-(Rupees Thirty Thousand) only by serving in a commercial school and also by r