O R D E R

The proceedings under Section 128 Cr.P.C (Section 147 of BNSS)

initiated by the petitioner in M.C.No.36/2014 on the files of the Judicial First Class Magistrate Court-II, Aluva, towards enforcement of the order passed by the Magistrate under Section 19 (f) of the Protection of Women from Domestic Violence Act, 2005 (in short, ‘PWDV Act’) towards realisation of an amount of Rs.7,81,656/- as the portion of the rent payable for alternate accommodation availed by the petitioner in that M.C., is under challenge in this petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the first respondent in that M.C.

2. According to the petitioner, the provisions contained under Section 128 of the Cr.PC, cannot be invoked for the enforcement of any order other than maintenance passed by the Magistrate under the provisions of the PWDV Act. For the above reason, Annexure-A1 CMP filed by the second respondent (petitioner in the M.C.) and all further proceedings pursuant to it in M.C.No.36/2014 on the files of the Judicial First Class Magistrate Court-II, Aluva, are sought to be quashed.

3. Heard the learned counsel for the petitioner, the learned counsel for