1. - The instant misc. petition has been filed by the petitioner Rakesh challenging the order dated 14.8.2012 passed by the learned Magistrate, Gram Nyayalaya, Mandore in Cr. Misc. Case No. 96/2012 whereby the learned Magistrate rejected the application filed by the petitioner under Section 468 Cr.P.C. for dropping the proceedings registered on the complaint filed by the respondent No. 2 under the provisions of Protection of Women From Domestic Violence Act, 2005.

2. Briefly stated, the facts necessary for the disposal of this miscellaneous petition are noted herein below:

3. The respondent No. 2 Smt. Usha filed a complaint against the petitioner in the trial Court under the provisions of the Protection of Women From Domestic Violence Act, 2005 on 2.4.2009. She alleged in the complaint that her marriage was solemnized with the petitioner on 8.3.2007. She was subjected to cruelty and was turned out of the matrimonial home on 17.9.2007. She filed the complaint in the trial Court alleging the commission of domestic violence with her. The trial Court issued notice to the petitioner.

4. The petitioner appeared in the trial Court and filed an application under Section 468 Cr.P.C. s