ORDER :

Annexure-A1 final report in C.C.No.1483/2019 on the file of the Additional Chief Judicial Magistrate (E.O), Ernakulam, sought to be quashed in this petition filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as `Cr.P.C' for short). The petitioner herein is the accused in the above case. Respondents herein are the State of Kerala as well as the defacto complainant in the above case.

2. Heard the learned counsel Advocate James Abraham, appearing for the petitioner and the learned counsel appearing for the 2nd respondent.

3. The question arises for consideration is, whether non payment of maintenance allowance in refusal to pay the same based on a monetary relief granted under Section 20 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as `D.V Act' for convenience) would amount to breach of protection order and for which, penal proceedings under Section 31 of the D.V Act can be invoked?

4. The crux of the dispute is that in an application filed under Section 12 of the D.V Act filed by the 2nd respondent, who is the mother of the petitioner herein, the learned Magistrate Court directed the petitioner herein to pay