Andhra Pradesh High Court - Amravati
Between vs The State Of Andhra Pradesh on 30 August, 2024
Author: K.Suresh Reddy
Bench: K Suresh Reddy
APHC010348712022
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
[3239]
(Special Original Jurisdiction)
FRIDAY,THE THIRTIETH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE K SURESH REDDY
I.A.NO.1 OF 2023
IN/AND
CRL.R.C.NO.551 OF 2022
Between:
N. RAVI PRAKASH, S/O N.SATYANARAYANA AGED 52 YRS,
WORKING AS BINDER, GOVERNMENT PRINTING PRESS,
R/O.H.NO.52-124(52-2-412), KANDERI STREET, NEAR KING
MARKET, KURNOOL.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC
PROSECUTOR HIGH COURT OF ANDHRA PRADESH,
AMARAVATHI.
2. N R K VANI SREE RUPA, W/O N.RAVI PRAKASH, AGED
ABOUT 42 YEARS, R/O. H.NO.C/B-113, C.CAMP, KURNOOL
CITY, KURNOOL DISTRICT.
...RESPONDENT(S):
Counsel for the Petitioner:
1. LAKSHMIKANTH REDDY DESAI
Counsel for the Respondent(S):
1. MANNAM VENKATA KRISHNA RAO
2. PUBLIC PROSECUTOR (AP)
2
The Court made the following
COMMON ORDER:
-
I.A.No.1 of 2023 has been filed, under the caption "for being
mentioned", seeking to modify the Order, dated 25-09-2023 passed
by this court in I.A.No.2 of 2022 in Crl.R.C.No.551 of 2022.
2. Originally, the present Criminal Revision Case is filed seeking
to set aside the Judgment, dated 11-12-2019 passed in Criminal
Appeal No.223 of 2018, by the IV Additional District and Sessions
Judge, Kurnool confirming the Order, dated.16-11-2018, passed in
D.V.C.No.20 of 2016, by the learned Special Judicial Magistrate of
First Class, Prohibition and Excise, Kurnool.
3. For the sake of convenience, the parties herein will be referred
to as they were arrayed in the Domestic Violence Case.
4. Initially, the complainant/wife filed an application under Section
12 of the Protection of Women from Domestic Violence Act,2005
against her husband and mother-in-law/respondents seeking a
direction to the respondents to stay away from the
dependents/relatives/any other person of the aggrieved person to
prohibit violence against her; and for a direction to the respondents
not to cause any harm to her life besides residence order Under
Section 19 of the Act, restraining the respondents from dispossessing
or in any other manner disturbing the possession of her from the
shared household and such other ancillary reliefs.
5. The trial court after hearing both sides while partly allowing
D.V.C granted the following reliefs:-
(a) Protection Order under Section 18 of the Act prohibiting the
husband/1st respondent/petitioner in this Criminal Revision
Case from causing violence to the dependants, other
relatives or any person who give the aggrieved person
assistance from domestic violence;
(b) Residence Order under Section.19 of the Act, as PW1 is
already residing in the Government quarters, which was
allotted to PW1, hence PW1 is not entitled for any separate
residence. If the RW1 is forcibly evicted the PW1 from the
Government quarters, the respondent No.1 should pay an
amount of Rs.3,000/- for the alternative accommodation to
PW1;
(c) Monetary relief under Section 20 of the Act granting
maintenance. The sons of the petitioner and respondent
are major and hence they are not entitled for maintenance.
The respondent No.1 is paying Rs.6,000/- per month to
Pw.1 as per the orders of the Hon'ble Family Court. Hence,
she is not entitled for any maintenance.
(d) Respondents-R1 is directed to pay compensation amount
of Rs.3,00,000/- to Pw.1 including damages for the injuries
for her mental torture and emotional distress under Section
22 of the Act;
(e) The case against respondent No.2 is dismissed; AND
(f) So far as the other reliefs claimed by Pw.1 are concerned,
the same are dismissed.
6. Being aggrieved by the said order, the husband preferred a
Criminal Appeal viz.,Crl.A.No.223 of 2018 and the learned IV
Additional District and Sessions Judge, Kurnool by Judgment, dated
11-12-2019 dismissed the Appeal confirming the above said order.
7. Again being aggrieved by the above said judgment, the present
Criminal Revision Case is filed.
8. In the present Criminal Revision Case, the revision
petitioner/husband has filed I.A.No.2 of 2022 seeking to suspend the
impugned Judgment. This Court, by order dated 25-09-2023, while
disposing of I.A.No.2 of 2022 has granted an interim stay of
enforcement of the order passed by the trial court, which was
confirmed by the appellate court, subject to depositing the entire
compensation amount within a period of six(6) weeks and to continue
to pay the residence order at the rate of Rs.3,000/- besides monthly
monetary relief under Section 20 of the Act at the rate of Rs.6,000/-.
9. Today, when the matter is taken up for hearing, it is conjointly
submitted by both the learned counsel that the revision
petitioner/husband has already paid the entire arrears of
compensation i.e., Rs.3,00,000/- besides regularly paying monthly
monetary relief of Rs.6,000/- to the 2nd respondent/wife. Further, the
2nd respondent/wife is residing in the quarter allotted by the
Government to the revision petitioner/husband. Hence, both the
learned counsel conjointly state that the main Criminal Revision Case
may be disposed of while confirming the order passed by the courts
below.
10. In view of the above facts and circumstances and keeping in
view of the fact that the revision petitioner herein has been paying
monthly monetary benefit of Rs.6,000/- per month to the 2nd
respondent/wife besides paying arrears amount of Rs.3,00,000/- and
also keeping in view the fact that the 2nd respondent/wife is residing in
the quarter allotted by the Government to the revision petitioner, this
court deems it apposite to dispose of the I.A.No.1 of 2023 as well as
main Criminal Revision Case.
11. Accordingly, while recording the conjoint submission of both the
learned counsel, I.A.No.1 of 2023 is allowed and portion of the order
of this court, dated 25-09-2023, passed in I.A.No.2 of 2022 to the
extent of directing the petitioner to pay the residence order at the rate
of Rs.3,000/- per month is hereby deleted since the 2 nd
respondent/wife is admittedly residing in the quarter allotted by the
Government to the revision petitioner. Further, Criminal Revision
Case is hereby disposed of confirming the Judgment, dated
11.12.2019, passed by the learned IV Additional District and Sessions
Judge, Kurnool in Criminal Appeal No.223 of 2018.
Miscellaneous applications pending, if any, shall stand closed.
__________________
K.SURESH REDDY,J
Dt. 30.08.2024
TSNR / SAB
