Karnataka High Court
C C Basavaraja @ Ajjayya vs C Gowramma on 21 February, 2023
Bench: S Vishwajith Bysvsj
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CRL.RP No. 815 of 2014
C/W CRL.RP No. 814 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRL.R.P. NO.815/2014
C/W
CRL.R.P. NO.814/2014
BETWEEN:
1. C.C. BASAVARAJA @ AJJAYYA
S/O CHANDRAPPA
AGED ABOUT 33 YEARS.
2. JAYAMMA
W/O P. CHANDRAPPA
AGED ABOUT 52 YEARS.
Digitally
signed by B A 3. P. CHANDRAPPA
KRISHNA
KUMAR S/O PAPANNA
Location: High
Court of AGED ABOUT 60 YEARS.
Karnataka
4. C.C.NAGARAJA
S/O CHANDRAPPA
AGED ABOUT 30 YEARS.
ALL ARE R/O # 982/38
BHAGATHSINGHANAGAR
2ND STAGE, NITTUVALLI
DAVANAGERE - 577 001. ...PETITIONERS
(COMMON)
(BY SRI R. GOPAL, ADV.,)
AND:
C. GOWRAMMA
W/O BASAVARAJA C.C
AGED ABOUT 30 YEARS
HOME NO.982/38
HOUSE WIFE, BEHIND POLICE QUARTERS
BHAGATH SING EXTENSION
II ND STAGE, NITTUVALLI ROAD
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CRL.RP No. 815 of 2014
C/W CRL.RP No. 814 of 2014
DAVANAGERE - 577 501
NOW C/O C.G. CHANDRAPPA
EX-MUNICIPAL PRESIDENT
SIDDARAMESHWARA CIRCLE
BURUJANAHATTI
CHITRADURGA - 577 501. ...RESPONDENT
(COMMON)
(BY SRI B.M. SIDDAPPA, ADV.)
THIS CRL.R.P.NO.815/2014 IS FILED U/S. 397 R/W 401
CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER
DATED:26.8.14 PASSED BY THE PRL.DIST. AND S.J., CHITRADURGA
IN CRL.A.NO.73/14 AND ALSO THE JUDGMENT AND ORDER
DATED:20.2.14 PASSED BY THE I ADDL.JMFC, CHITRADURGA IN
C.MISC.NO.164/10.
THIS CRL.R.P. NO.814/2014 IS FILED U/S. 397 R/W 401
CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED:
26.08.2014 PASSED BY THE PRL. DIST. AND S.J., CHITRADURGA IN
CRL.A.NO.76/14 AND ALSO THE JUDGMENT AND ORDER
DATED:20.02.2014 PASSED BY THE I ADDL. JMFC, CHITRADURGA IN
C. MISC. NO.164/10.
THESE PETITIONS COMING ON FOR HEARING THIS DAY, THE
COURT MADE THE FOLLOWING:
COMMON ORDER
These two criminal revision petitions arise out of
C.Misc.No.164/2010 pending before the Court of I Addl. JMFC,
Chitradurga between the parties to these revision petitions and
therefore, they are heard together and disposed of by this
common order.
2. Heard the learned counsel for the parties.
3. Brief facts of the case leading to filing of these two
criminal revision petitions as revealed from the records are, the
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C/W CRL.RP No. 814 of 2014
respondent - wife had filed C.Misc.No.164/2010 before the
Court of I Addl. JMFC, Chitradurga (for short the 'Trial Court')
under Section 12, 18 and 19 of Protection of Women from
Domestic Violence Act, 2005 (for short the 'Act of 2005')
seeking for multiple reliefs. The Trial Court had passed an
interim order dated 20.02.2014 in the said proceedings
awarding a sum of Rs.2,500/- per month as maintenance to the
respondent. Being aggrieved by the said order the petitioners
had filed Crl.A.No.73/2014 whereas the respondent herein had
filed Crl.A.No.76/2014 with a prayer to grant residential
accommodation to her. The aforesaid two criminal appeals were
heard together and disposed of by the common judgment by
the Principal District and Sessions Judge, Chitradurga on
26.08.2014, wherein the appeal filed by the petitioners was
dismissed and the appeal filed by the respondent was allowed
and the petitioners were directed to provide a accommodation
to the respondent to reside in their house as a shared
household. Being aggrieved by the said order dated 26.08.2014
passed in Crl.A.No.73/2014 and Crl.A.No.76/2014, the
petitioners have preferred these two criminal revision petitions.
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4. Learned counsel for the parties jointly submit that
the dispute between the parties has been amicably settled
during the pendency of these revision petitions and the
marriage between the parties has now been dissolved by a
decree of divorce in M.C.No.132/2013 by the Court of Principal
Senior Civil Judge & CJM, Chitradurga, in view of settlement
arrived at between the parties before the mediation centre. The
learned counsel for the petitioners has filed a memo dated
27.01.2023 producing copy of the decree passed in
M.C.No.132/2013 dated 27.02.2016 and submits that having
regard to the terms of mediation agreement passed on the
basis of which M.C.No.132/2013 was disposed of by the Court
of Principal Senior Civil Judge & CJM, Chitradurga, criminal
revision petitions are required to be allowed and the order
impugned is required to be set-aside.
5. Learned counsel for the respondent does not
dispute the submission made by the learned counsel for the
petitioners and he submits that he has no objection for allowing
these two criminal revision petitions. The memo filed by the
learned counsel for the petitioners reads as follows:
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CRL.RP No. 815 of 2014
C/W CRL.RP No. 814 of 2014
"MEMO
1. The above criminal revision petitions are filed
challenging the common judgments and orders dated
26-08-2014 passed by the court of Principal District and
Sessions Judge at Chitradurga in Crl. Appeal No.73/2014
and Crl Appeal No.76/2014 by which, while confirming
the judgment and order dated 20-02-2014 passed by the
I Addl. JMFC at Chitradurga in C.Misc No.164/2010
passed against the petitioners to pay monthly
maintenance of Rs.2500/-, it is further ordered the
petitioners to provide residence to the respondent in
their house under the provisions of Protection of Women
from Domestic Violence Act, 2005.
2. It is submitted that in M.C.No.132/2013 filed
by 1st petitioner herein against respondent herein
seeking decree of divorce, the matter was referred to
mediation and it was settled in terms of mediation
agreement arrived at by the parties and upon such
agreement, the Principal Senior Civil Judge and C.J.M at
Chitradurga recorded the terms of
compromise/agreement and allowed M.C.No.132/2013
by granting decree of divorce and ordering desolution of
marriage between the 1st petitioner and respondent
herein and also by recording the other terms of the
settlement arrived at mutually by the parties. In terms
of settlement, the respondent was paid Rs.7 Lakhs in full
and final settlement as recorded in the compromise
decree. It was also ordered that the respondent shall
not make any other claim and withdraw all cases and
also withdraw the above criminal C.Misc No.164/20110
which is the subject matter of the above 2 revision
petitions and also withdraw Crl.Misc No.905/2014 for
recovery of the maintenance ordered in c.Misc
No.164/2010. Copy of the decree passed in
M.C.No.132/2013 in terms of mediation agreement
incorporated therein is produced herewith for reference.
3. In view of the above decree of divorce granted
and the terms of compromise entered into by the 1st
petitioner and respondent herein in M.C.No.132/2013,
the above revision petitions may be disposed of by
dismissing the above C.Misc No.164/2010 and
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consequently settling aside the orders impugned in the
above revision petitions, in the ends of justice and
equity."
6. The said memo is taken on record and taking into
consideration the averments made in the memo, the decree
passed in M.C.No.132/2013 by the Principal Senior Civil Judge
& CJM, Chitradurga dated 27.02.2016 and also the submission
made on behalf of the respondent that the respondent has no
objection to allow these two revision petitions, I proceed to
pass the following:
::ORDER:
Criminal Revision petitions are allowed
The common judgment and order
26.08.2014 passed in Crl.A.No.73/2014 and
Crl.A.No.76/2014 by the Principal District &
Sessions Judge, Chitradurga and the order
dated 20.02.2014 passed by the I Addl.
JMFC, Chitradurga are set-aside.
SD/-
JUDGE
NMS
