The Criminal Revision is filed by the husband challenging the order passed in M.C.No.31 of 2009 on the file of the learned Chief Judicial Magistrate, Vellore dated 12.01.2012 under section 125 (i) of Cr.P.C. wherein the learned trial Judge directed the husband to pay monthly maintenance of Rs.5,000/- per month from the date of petition to his wife.

2. The Criminal Original Petition is filed to quash the domestic incident report filed by the respondent in M.C.No.1 of 2010 on the file of the learned Judicial Magistrate No.1, Vellore dated 04.12.2009 under sections 9(a) and 37(2) of Protection of Women from Domestic Violence Act 2005.

3. Brief case of the petitioner in Crl.R.C.No.611 of 2012 :

The petitioner Parveen filed the maintenance application under section 125 of Cr.P.C. against her husband/respondent namely Abdul Gaffer to pay Rs.10,000/- per month as maintenance.

4. The petitioner was married to the respondent on 30.01.2005 at Vellore and her parents gave dowry of Rs.50,000/- including 25 sovereigns of gold and 4 Lakhs was spent towards marriage expenses and they both lived happily for two months and after that the petitioner found out the immoral life led by the respondent with his brother’s wife. When the petitioner questioned the respondent, he showed his indifferent behavior and started to abuse and assault the petitioner and demanded further sovereigns of gold and two lakhs cash. The respondent completely ignored the petitioner in leading the matrimonial life and even failed to fulfill the basic medical needs and food. The respondent is working as Assistant in B.D.O.s Office earning not less than Rs.15,000/- per month. Hence the petitioner filed maintenance.

5. The respondent denied allegation of dowry and illicit intimacy with his sister-in-law and also denied that he earns Rs.15,000/- per month. The Respondent further alleged that he divorced the petitioner as per Muslim Law and she cannot claim maintenance against him.

6. Before the trial Court, the petitioner herself examined as PW1 and marked Exhibits-P1 to P7. The respondent examined himself as RW1 and marked Exhibits-R1 to R12.

7. On completion of the trial, the learned trial judge after appreciating the evidences of both sides, directed the respondent to pay a monthly maintenance of Rs.5,000/- per month from the date of petition.

8. Brief case of the petitioner in Crl.O.P.20192 of 2010 :

The petitioner/wife filed the complaint against the respondent/husband under section 19, 20 and 21 of the Protection of the Women’s from Domestic Violence Act 2005 before the learned Judicial Magistrate No.1, Vellore. The learned trial Magistrate took cognizance of the offence and directed the protection officer to file the domestic incident report and the same was filed before the trial Court on 04.12.2009 against the respondent/husband and his brother’s wife namely Parveen. After appreciating the report, the learned trial Court issued summons to the respondents on 27.01.2010.

9. Aggrieved over the same, the respondents 1 and 2 filed the quash petition in Crl.O.P.No.20192 of 2010 before this Hon’ble Court to quash the proceedings in M.C.No.1 of 2010.

10. The learned counsel for the Petitioners submits that the respondent filed the report without conducting enquiry as prescribed in the Domestic Violence Act 2005.

11. The learned counsel for the Petitioners submits that the pending M.C.No.31 of 2009 on the file of learned Chief Judicial Magistrate, Vellore, the Complainant depositions are contradictory to her complaint.

12. The learned counsel for the petitioner submits that the Court below ought to have seen that the Respondent here in and the Petitioner in lower Court refused to live with the petitioner and the petitioner herein sent so many letters inviting the respondent to join with the petitioner and sent Thalaknama to the respondent herein and as per the Muslim Law the marriage between the petitioner and the respondent was validly dissolved.

13. The learned counsel for the pe